Historical records of New South Wales

HISTORICAL RECORDS

OF

NEW SOUTH WALES.

PHILLIP.

1783—1792.

HISTORICAL RECORDS

I"

OF

NEW SOUTH WALES.

Vol. I, Part 2.— PHILLIP.

1783—1792.

^u Jlutlioritg.

SYDXEY: CHARLES POTTKR, GOVERNMENT PRINTER.

1892.

[RkGISTERED rXDER THE COPYRIGHT AcT, 1879.]

A -1

I DO
V.I .

6.'>3C73

"a' 3 ■ 5.7

PREFACE.

The "Historical Eecords" of New South Wales are published
with the object of affording the fullest information obtainable
concerning the foundation^ progress, and government of the
mother colony of Australia. It was with a similar purpose that
the publication was commenced, more than two years ago, of the
" History of New South Wales, from the Records." All the
material that the Government could command was placed at
tte disposal of the writer, and in the volume issued from the
Government Printing Office in June, 1889, this reservoir of
information was largely drawn upon. But when Vol. II of the
History was in preparation it was considered desirable to make
a change in the plan. It was determined that while the publica-
tion of the History should go on, the records themselves, with the
exception of those that are trivial or formal, should be printed
in full, in separate volumes, so that the public might have, on the
one hand, a historical work founded on official documents, and on
the other, the material upon which the narrative is based.

The adoption of this course serves a double purpose. In the
first place, it enhances the value of the History, for it euablei-^
the reader to turn at any point from the narrative of the writer
to the fuller information which the reports and despatches supply.
The advantage gained by this treatment of the official papers is
obvious. No matter how faithfully a writer of history may
perform his task, he cannot cover all the ground ; no matter

vi PREFACE.

liow acutely lie may criticise tlie actors wlio take part in tlie
scenes lie describes, lie cannot exliibit tliem in so clear a light
as they are shown in their own writings. Thus the publication
of the Records may be regarded as desirable from the historical
point of view.

In the second place, the printing of the Records gives immediate
and lasting public value to State papers which would otherwise
be of service to the few — only those, in fact, who have leisure
to search the bulky manuscripts which have been collected by the
Government. In the absence of printed records, the inquirer
who endeavours to learn in what manner New South Wales was
founded — how the settlement was governed in the early days — by
what steps it grew — ^how difficulties were encountered and over-
'Come — what mistakes were made, and how they were corrected —
by whom injustice was perpetrated, and in what way retribution
fell upon the oppressor — can command no better sources of
information than tradition, and the accounts of writers who had
to make history from insufficient material. He is in the position
that a jury would occupy if it were required to give a verdict upon
hearsay evidence. The publication of the Records will change
all that. With the printed Records in the public libraries and
on the book-shelves of all who care to purchase them, the student
■of history will have the best possible material at his disposal.
He will be able to read for himself^ and draw his own conclusions
from direct testimony.

It is not entirely a new departure that has been taken. The
importance of preserving and reproducing national records is
recognised in most civilised countries, and especially so in Great
Britain. In earlier times, when Ministers of the Crown treated
official despatches as their private property, and on quitting office
tarried to their own houses manuscripts which belonged to the
nation, little care was taken of the records, and such a thing as
giving information to the public concerning them does not appear
to have had any place in the minds of those in authority. This
indifference no longer exists. All public documents are carefully
preserved ; inventories of them are taken, and they are accurately
described in printed calendars. With a few exceptions, the State

PREFACE. vii

papers are gathered together iu one place, the Public Record
Office, London, and are kept in the custody of the Master of the
Rolls, Avho by the Public Records Act (1 and 2 Vict., c. 94) is
constituted Keeper of the Archives.* These stores of information
are not simply hoarded up — they are treated in such a way as to
be of use to the people, and to bring within easy reach of the
historian the documentary evidence that he requires. Large
volumes, entitled " Calendars of State Papers," consisting of
condensations of the documents in the Public Record Office
and elsewhere from the days of Henry VIII to the Eighteenth
Century, are in course of publication, while some of the earlier
records are printed in full.

Under the direction of the Master of the Rolls, and by the
authoi'ity of Her Majesty's Treasury, the publication was com-
menced thirty-four years ago of "^ The Chronicles and Memorials of
Great Britain and Ireland during the Middle Ages." The first
volume (published December, 1857) contained an official statement,
which has been repeated in subsequent volumes, to the effect that
on the 26th January of that year the Master of the Rolls submitted
to the Treasury a proposal for the publication of materials for the
history of Great Britain, from the invasion of the Romans to the
reign of Henry VIII. The Lords of the Treasury adopted the-
suggestion, and the work, conducted by a staff of editors, has
gone on without interruption to the present time. Up to 1891
over 200 volumes had been published. The care and elaboration
with which the work is done may be seen from the copies of the
books in the Free Public Library, Sydney.

More than half a century before the publication of the
" Chronicles and Memorials " was commenced, that is to say in
the year 1800, a Select Committee of the House of Commons had
recommended that the public records should be printed. This
recommendation is referred to by the Honorable Board of Com-
missioners on the Public Records in its report to the King-in-
Council of 7th February, 1837. The Commissioners express

* With tlic exception of certain iiiunuscripts in tlie Britit^h MuseuiM and a few
public libraries, most of the public uiiininicnts of the realm are now placed in one
repository, and under the supervision of the Master of the Kolls. — Kncyclopcedia
Britaimiea, ninth edition, vol. xx, p. 313.

viii PREFACE.

their approval of fhe proposition in tlie following words : — " In
this opinion [the opinion of the Select Committee that the Eecords
should be printed] we have entirely coincided. We regard the
press as at once the only perfectly secure preservative of the
information which the National Archives contain, and the only
means by which that information can be diffused beyond a very
narrow circle of inquirers." The publication of the " Chronicles
and Memorials " is the outcome of these recommendations.

In Canada the Records are scrupulously kept, and their contents
disclosed for the information of the public. In 1872 the Dominion
Government appointed an Archivist, and founded an Archives
Office at Ottawa, where all the public records, with the exception
of those retained by the provincial authorities, are stored. The
papers consist partly of original documents, and partly of copies
of old despatches and other manuscripts transcribed by a staff of
writers from originals discovered by the Archivist in the London
Record Office and Departments of State, and in the archives of
Paris and other European cities. From time to time reports are
issued in which the Records are described, and when considered
necessary, printed in full. In this manner the public is placed
in possession of information of the highest interest and import-
ance relating to the early history of Canada which had never
before seen the light.

In New South Wales, owing to the shorter period of time,
and the smaller quantity of material to be dealt with, it is possible
to do what would be impracticable under other circumstances,
that is to say, to publish in full the Records of the Colony from
its foundation. It has also been decided to publish all available
correspondence concerning Captain Cook and his connection
with Australian discovery. The Cook Papers form Part I of
Vol. I. Part II of Vol. I contains the records relating to the estab-
lishment of the Colony and its progress under Governor Phillip.

When the settlement at Port Jackson was established the chief
authority was vested in the Governor, who not only governed the
Colony, but administered its affairs. The Civil business was
conducted nominally by a staff, but much of the work fell upon the
Governor, who was troubled with matters of a kind which would

PREFACE. ix

be settled in the present day by an ordinary clerk. He was also
at tlie head of the naval and military forces, and was the principal,
it may almost be said the only, channel of communication between
the Colonial Government and the English authorities. The
reasons which led the English Government to plant a convict
settlement in New South Wales are only briefly indicated in the
scanty papers discovered in the State Departments ; but when
the Colony had been established its affairs formed the subject
of periodical letters from the Governors, who wrote fully about
the concerns of the settlement, receiving in reply despatches
for their guidance and instruction. Most of this correspond-
ence has been preserved in the English Departments of State
either in the original or in official copies. Its value is inestimable.
The despatches are full of information. The Governors were
required by their instructions to keep the Home authorities well
informed about matters great and small, and in the despatches
sent to London almost every transaction that took place is minutely
described. More than this, copies of all the proclamations and
orders issued by the Governor and the military commander were
forwarded for the information of the English authorities. These
<locuments are recorded with the other State papers.

The early history of New South Wales is founded mainly
upon the despatches sent by the Governors to the authorities
in England, and the despatches received by them in reply. The
Records are comprised within measurable bounds, and as they
fire the chief material out of which history must be made, it has
been decided to print them as they stand.

This course has been adopted on the recommendation of a
Board, consisting of the late Hon. Geoffrey Eagar, Under Sec-
retary for Finance and Trade from 1872 to 1891 ; Alexander
Oliver, M. A,, Barrister-at-Law ; Professor G. Arnold Wood, B.A.,
Cballis Professor of History at the Sydney University ; and R.
■C. Walker, Principal Librarian, Public Library. U'ho Board
having ascertained the nature of the documents at the disposal
of the Government, came to the conclusion that the design with
which the publication of the Official History was commenced
could not be fully carried out unless the State papei's and other

X PREFACE.

oflEicial documents upou wliicli the work was based were made
as accessible to the public as the History itself. They decided,
therefore,, that the printing of the Records was not only desirable
but necessary, and in the month of March, 1891, a recom-
mendation to that effect was made to the then Colonial Treasurer,
the Hon. William McMillan. The proposal received the cordial
approval of the Minister, who gave the necessary authority to
carry out th.Q work on the lines recommended by the Board.
Arrangements were made accordingly for printing and publish-
ing the despatches, reports, letters, and other papers which had
been collected.

While the best use has been made of the material at command,
the Records of the early days of the Colony cannot be presented
in an absolutely complete form. Every paper of consequence that
has been discovered, or may be discovered hereafter, will be
published ; but unfortunately manuscripts of great interest and
importance, which are known to have existed, cannot now be
found. The most valuable of the early Records are the despatches
sent to England by the Governors, and the despatches received
by the Governors from the authorities in London. At Govern-
ment House, Sydney, there are a number of letter-books contain-
ing copies of the despatches sent to England, and the original
despatches received from the Home authorities; but these Records,
instead of going back to 1788, the year in which New South Wales
was founded, begin with 1800. Of the despatches received and
sent before that date, during the Governorships of Phillip and
Hunter, and the Lieutenant- Governorships of Grose and Paterson,
there is no trace. What has become of them it is impossible to
say. A hundred years ago State papers were not so carefully
guarded as they are now ; the English system was loose, and it
would have been surprising if greater care had been taken in
Sydney than in London. Some of the early Australian Governors
may have taken their papers with them when they left office. On
that supposition the disappearance of the despatches from 1788
to 1800 is readily explained ; but even then the whole case is not
met, for public Records of which the Governors were not the
custodians are also missing.

PREFACE. vi

Tliere are ch'cumstances, however, wlaicli discourage tlie view
that Governors' despatches in the early days were treated as
the property of those to whom they were sent. It is certain that
they were not so treated by Governor King, and there seems to
be no reason why Phillip and Hunter, Grose and Paterson, should
have followed a different practice. We have the means of know-
ing exactly the course pursued by Hunter's immediate successor.
The Hon. Philip Gidley King, M.L.C., has placed at the disposal
of the Government the books and papers left by his grandfather,
Governor King ; but, while these manuscripts include copies of
most, if not all, of the despatches received by King from the
English Ministers and Under Secretaries of State, no originals
are to be found. The despatches have been copied into letter-
books, some by King himself, some by his secretary ; but, while
many unofl&cial letters to King are among the papers, the originals
of the Home despatches are vv^anting. The inference is plain.
If King had at any time regarded the English despatches as his
own property, he would not have gone to the trouble of copying
them, and the originals would have been found among his
papers. He was exceedingly careful about his correspondence,
preserving communications of all kinds, Avhether trivial or im-
portant, but duplicating nothing. When an original document is
met with there is no copy. And the manuscripts at Government
House show that when King relinquished the govei'nment he left
the originals of the English despatches in the office. If in doing
so he acted in accordance with the recognised practice, the pre-
sumption is that his predecessors — Governors Phillip and Hunter,
and Lieutenant-Governors Grose and Paterson — treated in the
same way the despatches received by them.

AVhat then has become of these manuscripts ? Most probably
they have been destroyed ; but by whom or with what object
can only be conjectured. That the missing despatches met with
this fate is the more likely from the fact previously stated,
that public records of corresponding dates, for which the Gover-
nors were not responsible, have also disappeared. A strong-
room in the Colonial Secretary's Office, Sydney, contains all the
original records of New South AVales that can be found. These

xii PREFACE.

papers liave been examined and scliednled, and it may be seen
at a glance of wliat tliey consist. Tliej begin witli a General
Order, dated 7tli August, 1789, "Instructions to tbe Night
Watcb..'^ Two otber orders of no particular importance follow,
and these are all out of the many hundreds issued during Phillip's
•Governorship that appear to have been preserved. There are no
official papers whatever belonging to the administration of Lieut.-
Oovernor Paterson — December, 1794, to September, 1795; and
only one of the time in which Lieut -Governor Grose ruled — •
December, 1792^ to December, 1794. Hunter's Governorshij:),
^vhich covered more than five years — 11th September, 1795, to
27th September, 1800 — is represented by one book containing
copies of the orders made from September, 1795, to December,
1797, and five or six papers of minor importance. Papers belong-
ing to the King period, 1800 to 1806, are more numerous ; but the
Kecords are scanty and intermittent until the term of Governor
Macquarie is reached, January, 1810. There are no des-
patches to or from the Governors during any period. The only
manuscripts of this class in Sydney are in the Secretary's room
at Government House.

The Becords, so far as Sydney is concerned, are thus defective
in two respects. In the first place, the despatches from the
foundation of the Colony up to the beginning of 1800 are want-
ing; in the second place, the orders, proclamations, and other
•official papers showing how authority was exercised in the early
■days are found only in fragments — in fact, they can scarcely be
said to exist.

But for the active search made in London by Mr. James
Bonwick, F.R.G.S., the early Recoi'ds of New South Wales
"would have been little better than a blank. The despatches sent
to England by the Governors, as well as the despatches and
letters transmitted to them, have been preserved, if not as com-
pletely as could have been wished, yet to a very large extent, in
the Departments of State. These sources of information have
been thrown open to the Government, and the transcriptions that
tave been made repair, so far as it can be repaired, the misfortune
the Colony has sustained in the loss of its early Records.

PREFACE. xiii

Tlie first step to tap these valuable sources of iuformation was
taken in April, 1887, when tlie Colonial Secretary, Sir Henry
Parkes, G.C.M.G., through the Agent-General, authorized Mr.
Bonwick to make copies of certain despatches which he had dis-
covered. In the following year, in view of the publication of the
" History of New South AVales from the Eecords," authority was
given for the transcription of documents relating to the period
during which Governor Phillip was at the head of affairs, i.e.,
1788-1792. The information obtained in this way proved so
interesting and valuable that Mr. Bonwick was instructed to con-
tinue his researches, and the work has since gone on without
interruption. The purpose in view is to collect from every avail-
able source all the authentic iuformation it is possible to obtain
relating to the foundation of the Colony and its government
during the early part of its existence.

An awkward gap is thus filled up. The information, however,
was not easily obtained. The manuscripts were not readily
accessible ; they were gathered from many Departments. The
Governors in the early days were not only responsible to the Home
Office, which had the Colonies in its charge, but, as naval officers,
they owed allegiance to the Admiralty. They had to correspond
with the Home Secretary and the Lords Commissioners of the
Admiralty, and with the Under Secretaries of those departments.
Each department and sub-department kept two letter-books, one
for the Minister and the other for the Under Secretary, so that it
was necessary to examine four different sources of infoi'mation for
the purpose of discovering what had passed between the Governors
and the English authorities.

In dealing with the Eecords belonging to a still eavlier period —
that in which the establishment of a settlement in New South
Wales was discussed — the ground to be covered was wider still,
though not so productive. In making preparations for the des-
patch of the First Fleet many departments and sub-departments
were engaged — the Home Office, which had general direction of
the business; the Admiralty, which undertook the equipment and
officering of the ships, and the appointment of the force of marines
which guarded the transports and formed the garrison at Port

xiv PREFACE.

Jackson ; tlie Treasury, whicli made tlie financial arrangements ;
tlie Transport Office, whicli had to do witli the convict-ships; and
the Victualling Department, which provisioned the ileet. When
the marines were replaced by the special corps raised by Major
Grose, known afterwards as the New South Wales Corps, another
Department of State, that of War, was brought into operation;
and, accordingly, correspondence between that department and
the Home Office, and between the officials at the War Office and
the officers of the corps, takes its place amongst the Records.
Three of the transpoi-ts which constituted, with the warship
Sirius and its tender the Supply, the vessels forming the
First Fleet, were under charter to the East India Company to
take cargoes of tea from China to London after landing convicts
and stores at Port Jackson ; and at a subsequent stage, the
Company, ov/ing to the obstacles it threw in the way of Australian
trade with the East, figured largely in the official correspondence
relating to New South Wales. The records of the India Office
are therefore another source of information.

The transcripts which have been despatched to Sydney are
thus gathered from a wide field, embracing as it does the Public
Record Office, the British Museum, the Home Office, the Colonial
Office, the War Office, the Privy Council Office, the Admiralty,
the India Office, and Somerset House. The documents had to
be searched for, and the work was not without difficulty, owing
to the imperfect and unsystematic way in which official records
were kept in the early days. Some documents, the earlier Orders
and Proclamations, for example, cannot be found at all ; others,
which were believed to be missing, such as the commissions of
the early Governors, have been discovered in the Home Office,
after a patient search, in which valuable assistance was given
by the officers of the Department. A number of the despatches
copied by the transcribers in London escaped notice in the first
instance because they had been placed amongst pajoers relating
to the American colonies.

While the principal storehouse of facts concerning the early
days of the Colony is the Public Record Office and the Depart-
ments of State in London, information has been obtained from

PREFACE. XV

other sources. Six years ago the Ageut-Geiieral, Sir Saul
Samuel, acting under instructions from the Government at
Sydney, purchased from Lord Brabourne a valuable collection
of papers relating to the settlement and early history of New
South Wales. They were once known as ''The Brabourne
Papers "; they are now known as '' The Banks Papers." The
grandfather of the present Lord Brabourne was related to Sir
Joseph Banks, and in that way the papers came into the posses-
sion of the Brabourne family. Sir Joseph Banks, as pointed
out in Vol. I of the Official History, took an active part in the
consultations and negotiations which led to the settlement of
New South Wales ; and there can be no doubt that his represen-
tations, founded upon what he saw of the country during his visit
to Botany Bay with Captain Cook in the Endeavour, did a
great deal towards bringing about the settlement of New South
AVales. After the Colony had been established he watched its
fortunes with a parental eye, and the deep interest which he
took in its welfare is shown by the correspondence that has
come, through Lord Brabourne, into the possession of the
Government of New South Wales. These manuscripts are
apparently only a part of the papers that Sir Joseph kept
with regard to this Colony. The "Banks Papers'^ were dis-
covered by accident in Sir Joseph Banks^ old house in Soho
Square, but these manuscripts are only a portion of the corre-
spondence which Sir Joseph had with English Ministers, and
with Australian Governors, settlers, and explorers. Many of his
manuscripts relating to Australian affairs have been lost or
destroyed. The papers begin with four letters from Captain
Cook (originals), and go up to 1814, six years before Sir Joseph's
death. The absence of letters from or to Phillip, with whom Sir
Joseph Banks corresponded, the fact that there are no manu-
scripts of later date than 1814, and other considerations, indicate
that the collection, precious as it is, is only the remnant of a
large store of papers relating to the foundation and early history
of New South Wales.

The manuscripts of Governor King, referred to at page xi,
which have been lent to the Government by the Hon. Philip

xvi PEEFAGE.

Gidley King^ M.L.C., are extensive and important. They con-
sist of a Journal, in two volumes, kept partly on board tlie
Sirius"^ on the voyage from England to Botany Bay with the
First Fleet of Transports, and partly at Norfolk Island, where
King acted as Commandant and Superintendent from March,
1788, to March, 1790, under a Commission issued by Phillip as
Governor of New South "Wales and its Dependencies ; a letter-
book, containing copies of despatches received and sent both
during King's term as Commandant and during his subsequent
command as Lieutenant-Governor, under commission from the
Crown, from November, 1791, to October, 1796; four lettei'-
books, kept during his term as Governor of New South Wales,
from September, 1800, to August, 1806 ; and original letters and
despatches, extending from 1799 to 1811. It should be pointed
out with regard to the despatches recorded in the letter-books,
that King during his first term at Norfolk Island corresponded
with Governor Phillip, from whom he derived his authority,
while during his Lieutenant-Governorship at Norfolk Island and
his Governorship at Sydney he was in direct communication with
the Home Office and other Departments of State in England.
While acting as Lieutenant-Governor of Norfolk Island, from
November, 1791, to October, 1796, King wrote a Second Journal,
a copy of which is amongst the transcripts sent from England to
the Government in Sydney.

Discoveries from time to time of manuscripts which were
believed to have been lost, or the existence of which was unknown,
may interfere to some extent with the consecutive printing of the
Records ; but it has been considered better to begin publishing
at once than wait an indefinite time to make sure that all
possible sources of information have been exhausted. The plan
of the work contemplates the publication of the Records in
chronological order, and the rule will not be departed from
except in cases where despatches of a given date contain
enclosures of earlier dates. Under such circumstances, to jDlace
the manuscripts in strict chronological order would cause con-

* King came out to New South Wales as Second Lieutenant of the Sirius.

PBEFACK xvii

fusion, instead of helping tlie reader. Tlie plan of arranging-
matter according to subjects lias its advantages, but it is con-
sidered that what might be gained in this way would be
outweighed by the disadvantages of a system under which
the reader would be obliged to look through half-a-dozen volumes
to find one piece of information relating to a particular day in a.
particular year. It is believed that by printing the Records in
chronological order, and giving with each volume a comprehensive
Index, the Records will be of greater value for purposes of refer-
ence than if they were dealt with under separate heads.

As the papers given in these volumes form the basis of the
Official History which is published concurrently, they are pre-
sented without comment, and without any^ attempt to explain
the story they tell. The proper place for description, analysis_,
a,nd comment is the History itself. The Records are given here
as they were found, and they speak for themselves. Where it
has been considei-ed necessary to explain the relation of papers
to each other, or to give information concerning persons and
places, as an aid to the reader in studying the Records, the Editor
has written the necessary notes, which are printed at the foot of
the page, but no alteration of the text has been made in any case.
Errors of composition and spelling are allowed to go without
correction ; in a word, the Records as printed are literal tran-
scripts of the originals. This is the plan now generally adopted
in the reproduction of manuscripts ; indeed no other course could
be pursued without mutilating the originals, and depriving them
of their historic value.

It will be noticed in examining the Records from 1783 to 1789
that duplicates are given of some of the documents printed in
Yol. I of the Official History. It was impossible to avoid this;
repetition. The Records stand by themselves, and they must be
given intact. For this reason, the documents published in Vol. I
of the History have been reprinted; in future issues, however,
repetitions will not occur. In the Historical Records will be found
the full text of the papers ; in the History they will bo digested
and explained. The writer of Vol. I made such use of the manu-
scripts as the space at his disposal allowed ; the broader plan

xviii PREFACE.

now adopted gives tlie simple facts in one set of volumes and the
historical narrative in another. In this way the full Records
will appear in print, while the History will not be burdened by
long extracts and quotations. It is believed that by the adop-
tion of this course the convenience of the reader will be consulted
and the object which the Government has in view carried into
effect.

ALEXE. BRITTON.

Government Printing Office,

Sydney, February, 1892.

VOL. I, PART 2.

a3

INTRODUCTION.

The papers wliicli form tlie Second. Part of tlie First Volume
of the Historical Eecords begin witli August^ 1783^ when the
establishment of a convict settlement in New South Wales
became for the first time a matter of serious consideration with
the English Government, and end with December, 1792, when
Phillip, the first Governor of the colony, left Sydney on his return
to England."^ The manuscripts reproduced here represent a
period of nine years and four months. During the first three
years proposals and suggestions were under consideration, eight
months were occupied in making preparations for the departure
of the First Fleet of transports, and the voyage took up eight
months. The remainder of the time, rather more than five years,
belongs to the actual history of the Colony.

The papers cover a great deal of ground. They relate to the
proposals which led to the adoption of a plan under which New

* Pliillip applied for a year's IcaTC of absence in April, 1790 (post, pp. 329, 330).
He renewed the request on the 25th Mareh, 1791, on the ground of ill-health (post,
pp. 483,481). On the 21st November, 1791, ho -n-rotc to Lord Grenville, requesting
permission to resign the Government, so that he might return to England, "in hopes
of finding that relief which this eountrv does not afford" (post, p. 559). The reply
to this communication, which came from the Right Hon. Henry Dunda^, who had
succeeded Lord Grenvillc at the Home Office, did not arrive until the 7th October,
1792, but as permission to retire was not expressly granted, Phillip waited for more
definite instructions, which, however, do not seem to have reached him. He sailed
for England on the 11th December, 1792, leaving Major Grose, the Lieutenant-
Governor, in charge. Soon after returning to England (July, 1793) he formally
resigned the Governorship, on the ground that he suffered from a comx)laint which,
could not be proiierly treated in the Colony.

xxii JNTKODUCTION.

Soutli Wales became a convict settlement^ tlie arrangements
made for tlie occupation of tlie country, the equipment and des-
patcli of tlie vessels wliich formed tlie First Fleet, tlie voyage to
Botany Bay, wliicli was chosen in the first instance as the site for
the new colony, the rejection of Botany Bay by Phillip in favour
of Port Jackson, the landing at Sydney Cove and the establish-
ment there of the first settlement, the measures taken for the
government of the Colony, the difficulties experienced by Phillip
owing to the scarcity of food and the unfriendly attitude of the
officers who commanded the garrison of marines, the efforts made
to explore and cultivate the country, the formation of settlements
at Parramatta and Toongabbe, the occupation of Norfolk Island,
and other matters which need not be set forth in detail.

The correspondence includes letters from Departments of State
to other Departments, letters between Phillip and the Depart-
ments while he was watching the arrangements for sending out
the First Fleet, despatches sent by Phillip to the Home Office and
the Admiralty after his arrival at Sydney, despatches sent from
England to the Governor, Phillip^s correspondence with Major
Ross and other officers of the Marines, arising out of questions
of duty and discipline, despatches from the commandants of
Norfolk Island to Phillip, despatches from the officer in command
of the Marines to the Admiralty, and correspondence between
Phillip and officers of the Civil Staff upon matters affecting the
■welfare of the Settlement. There are also letters and papers
showing what steps were taken during Phillip's Governorship
to procure provisions and live stock from India, Batavia, and the
Cape of Good Hope, and accounts written by responsible officers
describing the loss of the Sirius and the Guardian when carrying
supplies for the Settlements, the former for Norfolk Island, the
latter for Sydney.

This part of the Records contains the commissions given to
Phillip and his staff, the Order of the King in Council (Geo. Ill)
appointing New South Wales a place to which convicts might be
sent, the Royal Instructions given to Phillip before he sailed, and
the Additional Instructions sent to him after his arrival at Sydney,
the Letters Patent constituting Law Courts and a Court of Vice-

INTRODUCTION. xxili

Admiralty in New Soutli Wales, the form of land grant given
to the first settler, public orders promulgated at Sydney and
Norfolk Island, and otlier official documents.

Extracts from the Banks Papers are also given here, but the
number is comparatively small. Although Sir Joseph Banks had
a great deal to do with the foundation of the Colony, his name
seldom appears in the official correspondence, and in the papers
purchased from Lord Brabourne there is little trace of his connec-
tion with the deliberations which led to the despatch of the
First Fleet. But in papers of later date the active interest he
took in the welfare of the new settlement and the influence he
exerted are abundantly shown. That Sir Joseph Banks had
access to Phillip's despatches may be inferred from the extracts
in his own handwriting which have been found amongst his
papers, and that he enjoyed the confidence of Ministers may
be gathered from the fact that drafts of their despatches and
instructions form part of the manuscripts jDurchased from Lord
Brabourne by the Government of this Colony.

The collection does not contain many papers relating either to
the establishment of the Colony or the time of Phillij^'s Govern-
ment, but some of them are of great interest, those, for example,
which relate to the Mutiny of the Bounty. Captain Bligh, who
commanded that vessel on its memorable voyage, owed his
appointment to Sir Joseph Banks, to whom he wrote, according to
his own statement, a fuller account of the affair than the official
report which he sent to the Admiralty. In one respect this
is true, for while the official report begins with the arrival of the
Bounty at the Cape of Good Hope on the voyage from England
to Otaheite, the account sent to Banks sets forth the object of
the expedition — the carrying of the bread-fruit tree from the
Society Islands to Jamaica — and gives a short statement concern-
ing the fitting out of the Bounty and the instructions given to
her commander. It also briefly describes the voyage from Eng-
land to the Cape. But as regards the mutiny, and the adventures
of Bligh and his companions after they had been cast adrift in
the Bounty's launch, the official account is the fuller of the two,
and carries the story to a later date. The account sent to Banks

sxiv introduction:

will be found at pp. 268-278. Bligli's official despatcli, wliicli
was not received in time for insertion in the body of the volume,
is given in Appendix A, together with four letters from Bligh to
the Admiralty reporting the movements of the Bounty on tlie-
voyage to the Cape.

There are also among the extracts made from the Banks Papers
some highly-interesting letters relating to the expedition of dis-
covery and survey to the North-west Coast of America made-
by Captain Vancouver, under instructions from the English
Government. Another series of letters which passed between
Mr. W. Eichards, junr.^ a navy contractor, and Sir Joseph
Banks is valuable^ because of the light it throws upon the
transportation arrangements of the early days. The correspon-
dence also contains proposals on the part of Mr. Richards to go
out to ISTew South Wales as a settler, and to open a public store
in Sydney. About this time the emigration question was under
Sir Joseph Banks's notice in another shape, as will be seen from
a plan briefly sketched in his handwriting, for establishing a
number of families on an estate in the new settlement to be
allotted by the Grovermnent.'^ A memorandum found among the
papers, occupying only three lines of type^ is of peculiar interest,
for it records the fact that Sir Joseph Banks could have held
office if he had chosen to do so^ and that he refused the distinction
because he considered that his services would be of more value
to the Colony if he kept aloof from political responsibilities.t A
few other papers from the collection are also published, but they
do not require special notice.

The Historical Eecords relating to the foundation of the
Colony begin with " A Proposal for Establishing a Settlement in
New South Wales," written, in August, 1783 J, by Mr. James
Maria Matra, of Marston House, Frome, Somersetshire, and No. 4
Dake-street, Gri'osvenor Square, London. Little is known of this
gentleman at the present day, beyond the fact that he was for a
time the Consular representative of Great Britain in Morocco ;
but he was undoubtedly a man of position and influence, or his

* Post, p. 424. t Post, p. 229. J Post, pp. 1-6.

INTRODUCTION. xxv

proposal would not liave commanded tlie attention it received
from English ministers. Matra is a name well-known in Corsican
history ; and it is more than probable that James Maria Matra,
who was certainly an English subject either by birth or natural-
izatioUj was of Corsican origin. In the early part of the
Eigliteenth Century the Marquis Matra occupied a position of
political importance in Corsica. During the years 1741-48,
according to BoswelFs "Account of Corsica/'* one of the
Matras and his fellow-countryman, Gaffori, were joint Protectors
of the Island, and led the Corsicans in their efforts to drive out
the Genoese. According to the Nouvelle Biographie Generale,
Marius Emmanuel Matra had a command under Pasquale de Paoli
in 1754, but turned against his countryman. He joined the
Genoese in an attack on Paoli, and was killed in the encounter.
Another Matra (Colonel Antonio Matra), who had joined the
Genoese, took part in an attack upon Corsica in 1767. The
Marquis Matra had an hereditary enemy in the Marquis
Hyacinthe, or Giacinta de Paoli, whose son, Pasquale de Paoli,
became in 1755 Dictator of Corsica, a position which he occu-
pied for fourteen years, when he was dispossessed by the French. i
In an article published in the Nineteenth Century, July, 1891, Mr.
Walter Frewen Lord sketches the career of Pasquale de Paoli,
and tells the fate of the Matra family. The Marquis de Paol?
maintained "^ a fierce vendetta all his life with the Marquis
Matra,^'' and when Pasquale de Paoli came into power one of
the jfirst steps he took was to " cut off the Matras root and
branch.'' Mr. Lord puts the thing in another way; the Matras, he
says, were "piously exterminated" by Paoli. It is not unreason-
able to suppose, however, that some members of the family escaped
from Corsica, and found their way to England, at that time the only
safe shelter for political refugees. The circumstances are sug-
gestive, but it cannot he assumed that James Maria Matra was
one of the refugees of 1755, for in 1783, only twenty-eight years
later, he appears to have been living as a well-established English

* " An Account of Coraiea," by James Boswell. Tliird edition, London, 1709.
t Paoli took refuge in England^ wliere lie became an intimate friend of Johnson
and Boswell.

xxvi INTRODUCTION.

gentleman. But Corsica was an uncomfortable place for tlie Matras
long before tlie time of Pasquale de Paoli, and it is not unlikely
that some brancli of the family made a liome for itself in England
early in tbe eigliteentli century. In that case, there is nothing-
improbable in the supposition that the author of the '' Proposal
for Establishing a Settlement in New South Wales" was a
descendant of one of the Corsican Matras, born in England.
Nothing positive can be stated as to Matrass origin, but so much
interest attaches to the writer of the Proposal, that his probable
connection with the Matras of Corsica cannot be passed over.

Mr. Matra's proposal was laid before the Coalition Government
of Fox and Lord North, but the Ministry went out of office in
December, 1783, and no action was taken. Mr. Matra's sugges-
tions, however, were made use of by the Pitt Ministry, which
succeeded that of Fox and North, in preparing the scheme which
was ultimately carried out. In the proposal as originally submitted
no allusion was made to sending out convicts, but after conversing
with Lord Sydney, who had taken Lord North's place at the Home
Office — the department which had the control of Colonial affairs
— Mr. Matra wrote an addendum to his paper, in which he
adopted the suggestion made by the Minister that New South
Wales was a proper place for the reception of convicts condemned
to transportation. The scheme thus amended seems to have
formed the basis of the proposal of Admiral Sir Greorge Young,
forwarded to Lord Sydney in January, 1785, through the
Attorney- G-eneral, Pepper Arden."^ The same ideas appear in
another form in a paper without name or date entitled " Heads
of a Plan for effectually disposing of convicts by the establish-
ment of a colony in New South Wales. "f This paper is official,
as shown by Lord Sydney's letter to the Lords Commissioners of
the Treasury, 18th August, 1786, J and his letter to the Lords of the
Admiralty, 31st August, 1786§, and the settlement was established
practically on the lines laid down in the " Heads of a Plan."

Preparations for the despatch of the First Fleet were im-
mediately begun, and the vessels sailed in May, 1787. In the

* Post, pp. 10-13. + Post, pp. 17-20.

X Post, pp. 14-16. § Post, pp. 20-22.

INTRODUCTION. xxvii

interval correspondence took place between department and
department and between Grovernor Phillip and tlie departments.
Pliillip^ who was first captain of the Sirius, Hunter being second
in command, had two important matters to look to — the general
outfit of the expedition and the equipment of his own vessel —
and during the time of preparation he wrote many letters to
Ministers, Under Secretaries, and other officials. Most of these
were sent from London, where he was detained, as stated in
King's Journal, awaiting the decision of the Ministry on matters
of importance relating to the expedition. He did not go on
board the Sirius at the Motherbank until the 11th May, the day
before the fleet got under weigh. From the Motherbank Phillip
sent one letter, and three others were despatched by the Hyjena,
which accompanied the Sirius a hundred leagues from the
entrance of the English Channel. The papers next in order
consist of a series of letters from Phillip written at Santa Ci-uz,
Rio de Janeiro, and the Cape of Good Hope, at which ports the
fleet put in for water and fresh provisions.

On the 18th January, 1788, the Supply, having on board
Governor Phillip, who had left the Sirius eighty leagues to the
east of the Cape, entered Botany Bay, and on the 26th the whole
fleet was at anchor in Sydney Cove.

Phillip was not in a position to send any communication to
England until one of the transports sailed on the return voyage,
and his first despatch to the Secretary of State for the Home
Department bears date 15th May, 1788. After this he sent
despatches as opportunities arose. These despatches deal very
fully with the condition and progress of the settlement ; they
constitute, in fact, a history of the Colony from its establishment
to the close of Phillip's Governorship. Phillip's first despatch,
addressed to Lord Sydney, was replied to on the 20th June, 1789,
by the Eight Hon. W. W. Grenville, afterwards Lord Grenville,
who had succeeded Lord Sydney, and the correspondence was
continued with regularity. At this time Ministerial changes
and promotions were frequent, and as the passage to Australia
was not usually made under six or eight months, Phillip
sent despatches to England in ignorance of the actual state of

xxviii INTRODUCTION.

affairs. He wrote to Lord Sydney after tliat Minister's place
liad been taken by the Hon. W. W. Grrenville, and to G-renville
■wlien lie in turn bad been superseded by the Rigbt Hon. Henry
Dundas. Eight months after Grenville had been raised to the
Peerage, Phillip addressed his despatches to " the Right Hon.
W. W. Grenville." These things are not of great importance
in themselves ; they are simply pointed out for the purpose of
explaining apparent discrepancies.

The despatches from Sydney to London are more numerous
and more voluminous than the despatches from London to Sydney.
This is what might have been expected. Phillip was required
to transmit to the Home Office a full account of his proceedings
and the affairs of the settlement, and he faithfully obeyed his
instructions. His despatches, though not wordy, were frequently
of considerable length. He had to deal with matters of detail as
well as questions of importance, and it was sometimes necessary
to treat special subjects in separate despatches. A large portion
of this volume is taken up by Phillip's communications to the
English Departments of State, while the replies, which in
many instances contain little more than an acknowledgment of
the intelligence received from Phillip and a brief intimation of
opinion regarding his proceedings, occupy a comparatively small
space.

Although the English Government depended chiefly upon
Phillip's reports it was not without information from other
sources. Major Ross, who acted as Lieutenant-Governor until
the detachment of Marines, which he commanded, was replaced
by the New South Wales Corps, wrote official despatches to the
Admiralty, as well as private letters to Evan Nepean, Under
Secretary for the Home Department, and Phillip Stephens,
Secretary to the Admiralty. Ross's private letters are of greater
interest than his public ones, for they are written without reserve,
and give his independent views of the condition and prospects of
the Colony at the time.

It may be as well to state here that other private letters will be
found in the correspondence now published, but, although private,
they are of such a nature that their right to a place in the

INTRODUCTION. xxlx

Records cannot be disputed. Apart from tlie Banks Papers, few
of whicli are official, althougli they relate to matters historically-
important, the Records contain a number of private and quasi-
private letters which are as much a part of history as the formal
despatches. The correspondence of this class includes letters
between Phillip and the English Ministers, and between Phillip
and the Under Secretaries. With only a few exceptions these
letters refer to matters of public concern, and some of them are
of peculiar interest and importance. They are written with a
freedom which is foreign to official communications, and they
throw light upon points which without them would be obscure.
Correspondence of this nature, written in confidence, need not
be treated as confidential now. An examination of the Records
will show that private letters, when they bore upon matters of
public importance, were considered by the English Grovernment
and frequently acted upon. The manner in which they were
treated is indicated by the fact that private letters have been found
among the papers preserved in the Departments of State.

Other letters, private in form, but of public importance by
reason of the information contained in them, are printed witht
the Records. They include an unofficial letter from Captain
William Hill, who commanded a detachment of the New South
Wales Corps on board the Surprize, one of the vessels belonging-
to the Second Fleet, which gives fuller information regarding
the sufferings of the convicts on the voyage than can be found
in the official despatches. There is also an unofficial letter from
the Rev. R. Johnson, the first chaplain of the Settlement, des-
cribing the sad condition of the convicts brought by the Neptune^
Surprize, and Scarborough — the Second Fleet — on their arrival
at Sydney, which is valuable for a similar reason. Among other
private letters of historical value is one from Captain Edward
Manning, commander of the Pitt, in which an account is given
of a severe outbreak of fever amongst the soldiers and seamen
during the voyage. Major Grose, the Commandant of the New
South Wales Corps, who was on board the vessel with a detach-
ment of soldiers, wrote an official letter on the subject to Nepean,
but Captain Manning's account, written without any restraint, is

XXX INTRODUCTION.

mucli fuller and far more interesting. In tlie same category may-
be placed a letter from Lieutenant Fowell, of tlie Sirius, in wliicli
lie sends to liis fatlier in England a full account of the loss of
that vessel at Norfolk Island and King-'s voyage to Batavia in
the Supply.^ A letter f I'om Mr. William Wilberforce, the philan-
thropist^ to the Right Hon. Henry Dundas, as to the appointment
of a second chaplain for New South Wales^ enclosing a note
from the Archbishop of Canterbury, has been found among the
Home Office Papers, and is reproduced. Though the latter was
written in confidence, it is of great public interest. That it
was considered and acted upon can scarcely be doubted, for a
second chaplain, the Rev. Samuel Marsden, was soon afterwards
appointed.

The despatches written by Phillip at Sydney begin by announc-
ing the arrival of the First Fleet in Botany Bay in January,
1788, and carry the record of transactions to the 16th October,
1792, two months before he took his departure for England. In
the interval several fresh batches of convicts had been sent out,
and notwithstanding the great loss of life on board some of the-
transports, and the heavy mortality that took place after the con-
victs were landed, the population of the settlements had increased
to upwards of 4,000, of which number about one-fourth belonged
to Norfolk Island. In the face of serious difficulties a good deal
of work had been done. Buildings had been erected at Sydney,
branch settlements had been established at Parramatta and
Toongabbe, and 1,500 acres of land had been brought under culti-
vation. Exploration had not been neglected. A knowledge of the
country between Parramatta and the Nepean had been acquired,
while the Hawkesbury had been explored from its mouth to
Windsor, where a settlement was afterwards formed. The
progress that was made may be traced step by step in the
despatches, which also reveal the disadvantages under which the
3"0ung community laboured, the privations and sufferings which
all classes of the people endured, and the obstacles which were

* King, who Wcas on his way to England with despatches from Phillip, parted
company with Fowell at Batavia. The latter had instructions to hire a vessel at
that place to take provisions to Sydney. While engaged in this service he caught
a fever and died.

INTRODUCTION. xxxi

placed in Pliillip's way by tlie perverse temper of some of the
marine officers. To what extent the situation was realised in
England, and what steps were taken to afford relief, may be
discovered by examining the despatches sent to Phillip, beginning
with Lord Grenville's communication of 20th June, 1789 (the
first despatch from England), and ending with the despatch of his
successor, the Eight Hon. Henry Dundas, 14th July, 1792. Other
correspondence took place between the Home Office in London and
the Governor in Sydney. There was a regular interchange of
letters between Phillip and his friend, Under Secretary Nepean,
who discussed at length matters which were briefly dealt with in
the communications between Minister and Governor. The two
sets of correspondence must be read together ; the one is the
complement of the other.

Although the official despatches from the Home Office to Phillip
and fx'om Phillip to the Home Office, constitute the most import-
ant part of the records, other papers of great interest connected
with the affairs of the settlement are printed. There are, for
example, the letters sent by Captain Hunter to the Admiralty
about the voyage of the Sirius to the Cape of Good Hope, where
she was sent for supplies in October, 1788, and her loss at Norfolk
Island in March, 1790, while taking provisions to that settlement ;
and the letters of Lieutenant Riou, who describes the accident to
the Guardian, which struck an iceberg while on her way to Sydney
under his command with supplies for the settlement, and was taken
with difficulty to Table Bay, where she was abandoned.

The steps taken to send out a special force (the New South
Wales Corps) for service in the Colony, to replace the detachment
of marines, which constituted the first garrison, and the conditions
under which the corps was raised by Major Grose, are set forth
in the coi-respondence which passed between that officer and the
War Office, and between the War Office and the other Depart-
ments of State. King, who went out as Lieutenant-Governor of
Norfolk Island in 1791, purchased live stock at the Cape for the
benefit of the settlement at Sydney, and a full account of these
transactions is given in the letters which were sent by him to
the Home Office. As previously stated, it became necessary very

xxxii INTRODUCTION.

sliortly after tlie establisliment of the Colony to send to tlie Cape
of Grood Hope, Batavia, and India for provisions, and amongst
tlie papers will be found letters from the Home Office to the
Governor-General of India, as well as correspondence between
the Home Office and the contractors. Correspondence also passed
between Phillip and the Indian authorities on the subject, and
between Phillip and the contractors.

Towards the close of 1791 and in the early part of 1792 the
Home Office was in communication with John Sutton, a Quaker,
who made proposals for sending fifteen Qviaker families to Sydney.
The correspondence shows that the proposals were accepted with
modifications, but owing to delays and other circumstances not
clearly stated in the despatches, the persons who had been nomi-
nated did not embark, and the first effort to place emigrants
from England as free settlers on the soil of New South Wales
came to nothing.* Accordiiig to Judge-Advocate Collins, the
Quakers had "engaged to take their passages in the Bellona,''
which arrived at Sydney 16th January, 1793, "but it was said
they had been diverted from their purpose by some misrepresen-
tations which had been made to them respecting this country."

A considerable portion of the correspondence relates to Norfolk
Island and its affairs. A few weeks after the landinof of the
expedition at Sydney Cove, Phillip despatched Lieutenant King to
the island v/ith a batch of convicts ; and for a number of years
intimate relations existed between the two settlements. Durino*
Phillip's term of office the Government at Norfolk Island under-
went several changes. King was replaced by Major Ross as Com-
mandant in March, 1790, and in November, 1791, Ross was super-
seded by King, who had been sent to England with despatches,
and returned as Lieutenant-Governor of the island. During
King's first command he corresponded Avith Phillip, from whom
his authority was derived, and from whom he received his com-
mission and instructions. Ross held office under similar conditions,
and he also corresponded with Phillip. King as Lieutenant-
Governor sent despatches both to PhilHp and the Home Office,

* Sec note, post, p. 58 i.

introduction: xxxiH

but so far as tliis collectioii of papers goes tlie despatclics are to
Phillip only. Tlie information received at Sydney from Norfolk
Island was forwarded to tlie Home Office as opportunity arose.
Sometimes Phillip contented himself with giving in his own
despatches summaries of the reports he had received from the
Commandant or Lieutenant-Governor; at other times he sent
extracts from the Norfolk Island despatches, or the despatches
themselves. The more important of the public orders and procla-
mations made at Norfolk Island were sent to England as enclosures,
and are printed with Phillip's despatches. Both Ross and King
wrote descriptions of the place they had been called upon to
govern, in which they offered their opinion of its capabilities as a
settlement, and gave information regarding its climate, soil, and
products. These reports form part of the reeords now published.

As indicated in the Preface, the Records contained in these
pages are not to be regarded as absolutely complete. There are
blanks in the correspondence, and some of the enclosures which
accompanied the despatches are absent. The omissions may
perhaps be made good when the manuscripts in the Record Office
and the Departments of State in London have been thoroughly
exhausted, but all the papers that were procurable when this
collection was prepared for the press ho.ve been printed. Un-
expected discoveries were made while the transcriptions were in
progress, and early manuscripts, not now in the possession of the
Government, may yet be brought to light. In the meantime, the
best use has been made of the material at command.

To prevent any misconception, it should be stated that the
marginal notes do not form part of the manuscripts, but have
been written as a guide to their contents. The object of the
foot notes is to explain points not made clear in the text, and
to assist the reader in finding papers having relation to the same
subject but printed in chronological order in different parts of
the volume.

The Index contains lists of the despatches, together with full
information on the subjects to which they relate.

HISTORICAL EECORDS

OF

NEW SOUTH WALES.

JAMES MARIA MATRA'S PROPOSAL.*

1783
A Proposal for Establishing a Settlement in New South

Wales. ^sau?.

I am going to offer an object to the consideration of our Govern-
ment what rthatl may in time atone for the loss of our Amexican ^^'^^^ °^

, . L J ./ Amenca.

colonies.

By the discoveries and enterprise of our officers, many new
countries have been found which know no sovereign, and that New fields of
hold out the most enticing allurements to Eui'opean adventurers. "^ "'"^'^ '°"
None are more inviting than New South Wales.

Capt. Cook first coasted and surveyed the eastern side of that
line country, from the 38th degree of south latitude 'down to the Cook's
10th, where he found everything to induce him to give the most New South
favourable account of it. In this immense tract of more than ^^'^'^s-
2,000 miles there was eveiy variety of soil, and great parts of it
were extremely fertile, peopled only by a few lilack inhabitants,
who, in the rudest state of society, knew no other arts than such
as were necessary to their mere animal existence, and which was
almost entirely sustained by catching fish.

The climate and soil are so happily adapted to produce every
various and valuable production of Europe, and of both the Indies, Climate
that with good management, and a few settlers, in twenty or
thirty years they might cause a revolution in the whole system of
European commerce, and secure to England a monopoly of some
part of it, and a very large share in the whole.

* Mr. Matra and his proposal are noticed in the Introduction, ante pp. xxi\■-.\.\^ i.
B

HISTORICAL RECORDS OF NEW SOUTH WALES.

1783

23 Aug.

Troj>ieal
products.

Flax.

Its capabili-
ties for
manufac-
ture.

Th2

Aincrican

loyalists.

Send a
ship to
iiivestijjate.

Or two ships
with

luariiios and
artiticcrs.

Part of it lies in a climate parallel to the Spice Islands, and is
fitted for the production of that valuable commodity, as well as
the sugar-cane, tea, coffee, silk, cotton, indigo, tobacoo, and the
other articles of commerce that have been so advantageous to the
maritime powers of Europe.

I must not omit the mention of a very important article, which
may be obtained in any quantity, if this settlement be made the
proper use of, which would be of very con>siderable consequence,
both amonfj the necessaries and conveniences of life. I mean the
New Zealand hemp or flax-plant, an object equally of curiosity
and utility. By proper operations it would serve the vai'ious pur-
poses of hemp, flax, and silk, and it is more easily manufactured
than any one of them. In naval equipments it would be of the
greatest importance ; a cable of the circumference of ten inches
would be equal in strength to one of eighteen inches made of
European hemp. Our manufacturers are of opinion that canvas
made of it would be superior in strength and beauty to any canvas
of our own country. The threads or filaments of this plant are
formed by nature with the most exquisite delicacy, and they may
be so minutely divided as to be small enough to make the finest
cambrick ; in color and gloss it resembles silk. After my true,
though imperfect description of this plant, I need not enlarge on
it, as a very singular acquisition, both to the arts of convenience
and luxury.

This country may afford an asylum to those unfortunate
American loyalists to whom Great Britain is bound by every tie
of honour and gratitude to protect and support, where . they
may repair their broken fortunes, and again enjoy their former
domestic felicity.

That the Government may run no risque nor be left to act in
a business of this kind without sufiicient information, it is pro-
posed that one ship of the peace establishment (to incur the
least possible expence) be directly sent to that country, for the
discovery and allotment of a proper district, for the intended
settlement ; that one or two gentlemen of capacity and knowledge,
as well in soil and situation, as in every other requisite, be sent
in her, that there may be no imposition on the Government, nor
upon the Americans, who, with their families, shall adventure
there.

If the Government be disposed to extend this plan, two vessels
may be sent with two companies of marines, selected from among
such of that corps as Ijest understand husbandry, or manu-
facturies, and about twenty artificers, who are all the emigration
required from the parent State ; these last to be chiefly such as
are taken on board ships of war for carpenters' and armourers'
crews, with a few potters and gardeners.

J. M. matea's Proposal. 3

These twenty men and the marines, under a proper person, to 1783
be left at the new settlement, with materials and provisions, to 23 Aug.
prepare for the reception of the intended settlers, that their wants
may be as few as possible on their arrival.

As the ship, or ships, stop at the Cape of Good Hope, a sufficient
stock to begin with of cows, sheep, goats, hogs, poultry, and seeds
may be obtained there. A supply of the like articles, as Avell as Live stock
cotton seeds, plantains, grapes, grain, etc., &c.. may be had in any a"'ip-a"ts.
quantity at Savu or any of the Moluccas, which are very near
Kew South Wales.

When the landing is effected the smaller vessel may be dis- One ship to
patched home with the intelligence ; and while the party designed ^^^^™-
to be left are superintending the gardens and increase of live stock,
the other ship may, if thought proper, be despatched to New The other
Caledonia, Otahite, and the neighbouring islands to procure a few ^^ \^^^^^^
families there, and as many women as may serve for the men left islands,
behind. There is every reason to believe they may be obtained
without diffictilty. If but one vessel goes, the party with their
stock may be left without apprehension of danger from the
natives.

Sir Joseph Banks is of opinion that we may draw. any number Banks
of useful inhabitants from China, agreeal^ly to an invariable chhiese^"'"^
custom of the Dutch in forming or recruiting their Eastern
settlements.

As it is intended not to involve the Government in either a
great or a useless expense (for the settlement is designed to increase
the wealth of the parent country, as well as for the emolument of
the adventurers), a sum not exceeding £3,000 will be more than rrobaWe
adequate to the whole expense of Government. Most of the tools,
saws, axes, (fee, &c., for the use of the party left may be drawn
from the ordnance and other public stores, where at present they
are useless ; and the vessels also, being part of the peace estab-
lishment, neither can, nor ought to be, fairly reckoned in the
expenditure.

That the Ministry may be convinced that this is not a vain. Scheme
idle scheme, taken up without due attention and consideration, ^v^'the "' ^
they may be assured that the matter has been seriously considered Americans,
by some of the most intelligent and candid Americans, who all
agree that, under the j)atronage and protection of Government,
it offers the most favorable prospects that have yet occurred to
better the fortunes and to promote the happiness of their fellow-
sufferers and countrymen.

Sir Joseph Banks highly approves of the settlement, and is very and by
ready to give his opinion of it, either to his Majesty's Ministry
or others, whenever they may please to require it.

Should this settlement be made, we may enter into a commerce Trade with
that would render our trade to China, hitherto extremely against ^^"^'*-

niSTORICAL RECORDS OF NEW SOUTH WALES.

1783

23 Aug.

Trade with
China and
the islands.

Woollen
trade with
Japan

and Korea.

Nevi Zealand
tiniher for
shipiiiiig-

Th" trade
in spices.

US, very favourable. The Aleutian and Foxes islands, situated
between Asia and America, which abound with the choicest furs,
lie nearly north of New South Wales. It is from these islands
the Russians get the most and best of their furs, with which they
carry on a very lucrative trade by land with the Chinese. Our
ships that sailed under the command of Captain Cook and Clerke
stopped at some of them, and the skins which they procured then
sold in China at 400 hard dollars each, though for the few they
brought home, of the same quality, they only received about ten
pounds each. As our situation in ISTew South Wales would enable
us to carry on this trade with the utmost facility, we should be
no longer under the necessity of sending such immense quantities
of silver for the different articles we import from the Chinese
Empire.

There is also a prospect of considerably extending our woollen
trade. We know that large quantities of woollen cloth are
smuggled to Japan by the Russians, which, as it is taken by land
carriage from St. Petersburg to Kamschatka, and then to the
islands by a very precarious navigation in boats, must be extremely
dear. The Japanese, however, go in their junks to the islands
and purchase great quantities of it.

The peninsula of Korea, a kingdom tributary to the Chinese,
and unvisited by Europeans, has its supply at second-hand chiefly
from the Japanese. No ship has ever attempted this commerce,
excepting once or twice that the Spaniards ventured thither from
their American dominions ; but as the inhabitants of New Spain
are but indifferent navigators for the high, cold latitudes, they
could not oftener repeat the enterprise.

It may be seen by Captain Cook's voyage that New Zealand is
covered with timber of size and every quality that indicates long-
duration ; it grows close to the water's edge, and may be easily
obtained. Would it not be worth while for such as may be dis-
patched to New South Wales to take in some of this timber on
their return, for the use of the King's yards ? As the two countries
are within a fortnight's run of each other, and as we might be of
the utmost service to the New Zealanders, I think it highly pro-
bable that this plan might become eminently useful to us as a
naval power, especially as we might thus procure masts, a single
ti-ce of which would he large enough for a first-rate ship, and
planks superior to any that Euroi:ie possesses.

By the preliminary articles of peace with Holland we are
entitled to a free navigation in the Molucca Seas. A¥ithout a
settlement in the neighbourhood, the concession is useless ; for the
Dutch have an agent almost on every island in those seas. If we
have a settlement, it is unnecessary ; for as spices are the only
articles we could expect by it, it is probable we should stand in no
need of their indulgence, for as part of New South Wales lies in

J. M. matea's peoposal. 5

the same latitude with the Mohiccas, and is even very close to 1783
them, there is every reason to suppose that what nature has so 23 Aug.
bountifully bestowed on the small islands may also be found on gpjg^T"
the lai-ger. But if, contrary to analo<j;y, it should not be so, the may be

c?t/' 1.1 ciiltiva.t6a

defect is easily supplyecl, for, as the seeds are procured without
diihculty, any quantity may speedily be cultivated.

To those who are alarmed at the idea of weakening the mother Emigration
countiy by opening a channel for emigration, I must answer that P° ^'^''
it is more profitable that a part of our countrymen should go to a
new abode, where they may be useful to us, than to the American
States. If we cannot keep our subjects at home, it is sound policy
to point out a road by following of Avhich they may add to the
national strength.

The place which New South Wales holds on our globe might ^^^l^^ "^ ^
give it a very commanding influence in the policy of Europe. If station.
a colony from Britain was established in that large tract of
country, and if Ave were at war with Holland or Spain, we might
very powerfully annoy either State from our new settlement. AVe
might, with a safe and expeditious voyage, make naval incursions
on Java and the other Dutch settlements ; and we might with
equal facility invade the coast of Spanish America, and intercept
the Manilla ships, laden with the treasures of the west. This
check which New South Wales would be in time of war on both
those powers makes it a very important object wdien we view it
in the chart of the world with a political eye.

Sir Joseph Banks' high approbation of the scheme which I have Banks's
here proposed deserves the most respectful attention of every entitled to
sensible, liberal, and spirited individual amongst his countrymen, attention.
The language of encomium, applied to this gentleman, would surely
be inequitably censured as the language of adulation. To spurn
the alluring pleasures which fortune procures in a frivolous and
luxurious age, and to encounter extreme difiiculties and dangers
in pursuit of discoveries, which are of great benefit to mankind, is
a complicated and illustrious event, as useful as it is rare, and
which calls for the warmest publick gratitude and esteem.

I shall take this opportunity to make a remark on colonization Colonis.v
wliich has not occurred to me in any author, and which I flatter
myself will contain some important civil and political truth.

Too gi'eat a diminution of inhabitants of the mother country nepoimia-
is commonly apprehended from voluntary emigration — an aj^pre- *''°" *^°'-^"
hension wliich seems to me not to be the result of mature
reflexion. That we almost universally have a strong affection for
our native soil is an observation as true as it is old. It is founded
on the affections of human nature. Not only a Swiss, but even
an Icelander, when he is abroad, sickens and languishes in his Love of
alxsence from his native country ; therefore, few of any country country,
will ever think of settling in any foreign part of the world, from

6

HISTORICAL EECORDS OF NEW SOUTH WALES.

1783

23 Au^.

Poverty the
source of
emigration

and crime.

a restless mind and from romantic views. A man's affairs are
generally in a very distressed, in a desperate situation when he
resolves to take a long adieu of his native soil, and of connections
which must be always dear to him. Hence a body of emigrants,,
nay a numerous body of emigrants, may in a commercial view he
of great and permanent service to their parent community in
some remote part of the world, who, if they continue at home,
will probably live to see their own ruin, and will be very prejudicirJ
to society. The politician of an expanded mind reasons from
the almost invariable actions of human nature. The doctrine of
the petty statesman is hardly applicable to a larger extent than
that of his own closet. When our circumstances are adverse in
the extreme they very often produce illegal and rapacious con-
duct. If a poor man of broken fortunes and of any pretensions be
timid in his natui^e, he most probably becomes a useless, if he
has an ardent spirit, he becomes a bad and a criminal, citizen.
There are indeed some epochs in a State when emigrations from
it may be too numerous ; but when from some calamitous and
urgent publick cause it must be unworthy of inhabitants.

Ja3ies M. Matra.
August 23rd, 1783. '

Sydney's
opinion.

l{e)>ort on
j;;vols.

(Jolonisation

rcconi-

niendcd.

Convicts
shotild be
sent out to
form
colonies.

Transporta-
tion to
Africa.

When I conversed w^ith Lord Sydney on this svibject it was
observed that New South Wales would be a very proper region
for the reception of criminals condemned to transportation. I
l)elieve that it will be found that in this' idea good policy and
humanity are united.

It will here be very pertinent to my purpose to give an extract
from the report of the committee appointed to consider the
several returns relative to goals [gaols].*

1st Resolution: — "That the plan of establishing a colony or
colonies in some distant part of the globe, and in new discovered
countries, where the climate is healthy, and where the means of
support are attainable, is equally agreeable to the dictates of
humanity and sound policy, and might prove in the result advan-
tageous to navigation and commerce."

2d. Resolution. — " That it is the opinion of this committee that
it might be of publick utility if the laws which now direct and
authorize the transportation of certain convicts to his Majesty's
colonies and plantations in N. America were made to authorize
the same to any part of the globe that may be found expedient."

The following facts will particularly corroborate the second
resolution : —

Seven hundred and forty-six convicts wei'e sent to Africa from
the year 1775 to 1776. The concise account of them given into
the committee exhibits an alarming expenditure of human life.

* Committee of the House of Commons, appointed in 1T77.

J. M. matea's phoposal. 7

33-i died, 271 deserted to no one knows where, and of the 1783
remainder no account could be given. Governor O'Hara, who 23 Aug.
had resided in Afilca many years, was o£ opinion that British
convicts could not for any time exist in that cHiiiate.

The estimate of the expence, given in by Mr. Roberts, necessary Expense of
to estabHsh a settlement there, to receive them, amounted to i,f Af^^ica?*^
£9,865. Afterwards the annual charge to the publick for each
convict would be about £15 14s. Government pays annually to
the contractor for each con"\'ict who is employed in the hulks
£26 15s. lOd. The annual work of each man is valued at a third
of the expense.

I am informed that in some years more than 1,000 felons are Cost of
convicted, many of whom are under 18 years of age. The charge i^,°"^e? * ^
to the publick for these convicts has been increasing for the last
seven or eight years ; and, I believe, now amounts to more than
£20,000 per annum.

When the convicts were sent to America they were sold for a
servitude of seven years. A proposal has been made for the
alteration of this mode, respecting those sent to Africa, by con- Two plans
demning them to some publick work there. They were to be [.°^j|'f(!|g*"'^
released from servitude, and some ground was to be given them
to cultivate in proportion as a reformation was observed in their
conduct.

Neither of those plans can I approve.

Give them a few acres of ground as soon as they arrive in New Another
S(3uth Wales, in absolute property, with what assistance they may !',.ants oF
want to till them. Let it be here remarked that they cannot fly lan^^.
from the country, that they have no temptation to theft, and
that they must work or starve. I likewise suppose that they are
not, by any means, to be reproached for their former conduct.
If these premises be gi'anted me, I may reasonably conclude that
it is highly probable they will be useful ; that it is very possible
they will be moral subjects of society.

Do you wish, either by private prudence, or by civil policy, to Rcfoi-matioa
reclaim offenders ? Show by your treatment of them that you
think their reformation extremely practicable, and do not hold "ry^'"^* ^'^'""

!• ii'i 1 -J?- men.

out every moment before their eyes the hideous and mortiiying
deformity of their own vices and crimes. A man's intimate and
hourly acquaintance with his guilt, of the frowns and severities of
the woi'ld, tend more powerfully, even than the immediate effects
of his bad habits, to make him a determined and incorrigible
\illain.

By the plan which I have now proposed a necessity to continue
in the place of his destination and to be industrious is imposed
on the criminal. The expence to the nation is a1)solutely imper- Kionomy
ceptible, comparatively, with what criminals have hitherto cost humanity

8 HISTORICAL HECOEDS OP NEW SOUTH WALES.

1783 Government ; and thus two objects of most desirable and beautiful
23 Aug. union will be permanently blended — economy to the publick, and
humanity to the individual.

James M. Matra.

1784

1 Oct.

Dc Lancey'i
proiiosal to
send out
American
loyalists.

.South .Sea
scheme.

The China
route.

J. M. Matra to Under Secretary Nepean.*

Marston House, Frome, Somersetshire,
Dear Sir, 1st October [November], '84.

Of the many letters that I have long been pestered with
on the subject of New South "Wales, the enclosed is the only one
that I am now desirous of answering, foi' which reason I take the
liberty of sending it to you. I know that Mr. De Laneey, who
is very sanguine on the business, has been active in procuring the
consent of many people to go ; and as a settlement somewhere is
essentially necessary to them, I wish to be authorized to give him
a decisive answer, which, whatever my private opinion may be, I
think, would be improper till I hear from you. You will, there-
fore, do me a particular pleasure, if to the great trouble you have
already taken in pushing forward this business for me you would
be so obliging as to tell me if the Ministry have come to a decided
resolution to reject the plan, or if there be any chance of its
being entered on in the spring season. I shall go next Thursday
for a few days to Ld. Craven's, Benham Place, Berks., where your
letter to me, under Ld. Cork's cover, will safely reach me. My
company, to be sure, is not politically orthodox, but when I assure
you that I am not contaminated by their heresies, you will excuse
the direction. I shall always be extremely cautious of obtruding
on your time ; and, were you to see but a list of the fiftieth . part
of the letters I am perplexed with about the S. Seas, I know you
would pardon this instance. I am, &c.,

James M. Matra,

Thursday morning.

The Attorney-General, I believe by his own desire, has had com-
municated to him an observation on the passage of our China
ships that I imagine will remove the only difficulty that I can
think of in the way of the South Sea scheme.

It is a better rout and shorter for the ships bound to China
to pass by the coast of New South Wales — 2row that it is so well
known — than that which they at present pursue. Sir George
Young has spoken to several of them on this subject, and it

•'■ Evan Nepean, Under Secretary of the Home Department, which was charged with the
administration of Colonial affairs. He was created a baronet in 1802. Mr. Matra's letter
and enclosure refer to a proposal to send American lo.yalists as emig-raiits to New South
Wales. The American loyalists were the colonists who" remained loyal to Great Britain in
the War of Indepcndonce, and were punished by beinf,^ driven from their homes. Mr.
De Lancey's suggestions did not meet with the approval of the British Government.

AMERICAN LOY.U.ISTS AS SETTLERS. !

appears that the Goverment may send out convicts at about 1784
£15 a head, and as Mr. Pitt's Commutation Bill will considerably i Oct.
increase the number of China ships, twenty being taken out by
each yearly, will rid you of as many as are on hand. As perhaps
the Attorney-General may not receive this in time, you will
oblige me by communicating it to Ld. Sydney before he goes to
the Cabinet Council.

As there are officers of some consideration in the service who
are willing to go on this duty, and as the number of convicts officers
taken out at the beginning are few, and chosen, I think the im- sery",^' ^'^
propriety of employing King's ships in the first instance suffi.-
ciently removed.

[Enclosure.]

James De Lancey to J. M. Matra.*

Dear Sir, Southampton, October the 12th, 1784. 12 Oct.

I should have answered yours of the 31st of August
sooner, but waited in expectation of another letter from you,
which would have contained something decisive in regard to New
South Wales.

My brother will deliver this to you. He wishes much to have
this business determined one way or the other, in order that, if j- c'ecisiou

t/ ' ' (losircti,

the plan of making a settlement in the Southern Hemisphere
should 1)6 given up, he may think of some other way of I'endering
himself usefull, as he has an active mind, and does not chuse to
remain idle.

The season for a voyage to that country will soon be elapsed, ^,^g
and unless the equipment is speedily sett on foot, another year Loyalists,
will be lost, and my prospect of procuring settlers from the
loyalists in Nova Scotia rendered less favourable, for by next
year I should suppose most of them who have gone thei'e
will have procured some kind of habitation for themselves, and
will not chuse to quit them for an uncertain settlement in N.S.
Wales, and I would like to have among the emigrants some Superior
of the better sort, and should not chuse to have the colony etu'Ri-ants".
composed only of such persons who would not get their living
anywhere else.

I find that the Treasury Board have met, and therefore hope
that now the Ministers have returned to town some final deter-
mination will Ije liad on this Inisiness, and flatter myself that a
measure which aj^pears to meet with general approbation will
not be abandoned. I am, itc,

James De Lancev.

* Thi? letter was addressed to James Maria Matra, Esq., No. 4, Duke-street, Grosvenor
Square. No further correspondence on the subject has been found amongst the Kecords.

10 HISTOmCxiL RECOUDS OF NEW SOUTH WALES.

1784 Lord Howe* to Lord Sydney.

^^^^°- Admiralty, 26th Dec, 1784.

I RETURN, my dear Lord, the papersf you left with me to-day,

which are copies oialy of the former sent to me on the same

subject on Friday evening.

Matra's Should it be thoua;ht advisable to increase the number of our

^ settlements on the plan Mr. Matra has suggested, I imagine it

would be necessary to employ ships of a diiierent construction.

Frigates are ill adapted for such services. I conceive that ships

of burthen to contain the various stores, provisions, implements,

&c., wanted for the first colonists meant to be established there,

and composing the chief part of the company of the ship, should

be provided for the purpose, tho' an armed vessel of suitable

dimensions might be previously appointed to inspect and fix on the

preferable station for fonning the intended establishment. The

Unfavour- length of the navigation, subject to all the retardments of an

e opinion, jj^^^g^ voyage, do not, I must confess, encourage me to hope for a

return of the many advantages in commerce or war which Mr. M.

Matra has in contemplation. I am, &c.,

Howe.

SIR GEORGE YOUNG'S PLAKJ

2785 The Attorney-General to Lord Sydney.

13 Jan. Lincoln's Inn Fields,

My Lord, Jan'ry 13th, 1785.

Sir George Inclosed you receive a scheme of Sir George Young, of the

pian"^'^ ^^vy, for settling New South Wales, which he has desired me to
transmit to your Lordship for your consideration, to which I
take the liberty of recommending it. Lord Mansfield mentioned
the subject to me, and desired Sir George Young would call upon
me and explain his ideas. I profess myself totally ignorant of
the probability of the success of such a scheme, but it appears to
A likely me, Upon a cursory view of the subject, to be the most likely
method of effectually disposing of convicts, the number of which
requires the immediate interference of Government. As your
Lordship and Sir George Yonge were desirous that the Lord Chan-
cellor should be consulted respecting the removal of the soldiers
from Hastings, and as I understood your Lordship was to see
the Chancellor to-day, I shall be obliged to you if you, as soon as it

* Admiral Howe, First Lord of the Admiralty,
t Matra's proposal.

t The names Young- and Yonge, which both occur in the Attorney-General's letter, must
not be confounded. Sir George Young, who proposed a plan for settling convicts on the
New South Wales coast, was a naval officer of distinction (Admiral of the White). Sir George
Yonge was Secretary at War.

proposal.

Sm GEORGE young's PLAN. 11

is determiued whether an application shall be made for their I'^'^S
removal, inform me, and I will give immediate orders for the 13 Jan.
proper steps to be taken for that purpose. I have, jfec,

R. P. Aeden.
[Enclosure.]

The "Plan."

The following is a rough outline of the many advantages that
may result to this nation from a settlement made on the coast
of Kew South Wales : —
Its great extent and relative situation with respect to the Geograprii-
eastern and southern parts of the globe is a material considera- ^^ ^°''' '""'
tion. Botany Bay, or its vicinity, the part that is proposed to be
first settled, is not more than sixteen hundred leagues from Lima
and Baldivia [Valdi^da], with a fair open navigation, and there Trade v.ith
is no doubt but that a lucrative trade would soon be opened with America.
the Creole Spaniards for English manufactures. Or suppose we
were again involved in a Avar with Spain, here are ports of
shelter and refreshment for our ships, should it be necessary to
send any into the South Sea.

From the coast of China it lies not more than about a thou- Commercial
sand leagues, and nearly the same distance from the East Indies, p°s'*^'°"-
from the Spice Islands about seven hundred leagues, and near a
month's run from the Cape of Good Hope.

The variety of climates included between the forty -fourth and ^>riet.v of
tenth degrees of latitude gives us an opportunity of uniting in one productions.
territory almost all the productions of the known world. To
explain this more fully I will point out some of the countries
which are situated within the same extent of latitude, on either
side of the Equator. They are China, Japan, Siam, India,
Persia, Arabia-felix, Egypt, Greece, all Turkey, the Mediter-
ranean Sea, Italy, Spain, South of France, and Portugal, with
Mexico, Lima, Baldivia [Valdivia], and the greatest part of
the Pacific Ocean, to which may be added the Cape of Good
Hope, &c., &c.

From this review it will, I think, be acknowledged that a Facilities
territory so happily situated must be superior to all others for ^°^ ^^aAv..
establishing a very extensive commerce, and of consequence
greatly increase our shipping and number of seamen. Nor is it
mere presumption to say the country is everywhere capable of
producing all kinds of spice, likewise the fine Oriental cotton, Tropical
indigo, coffee, tobacco, with every species of the sugar-cane, also P^'oi'^'^^^^s.
tea, silk, and madder. That \evy remarkaljle plant known by the
name of the New Zealand flax-plant may be cultivated in every riax.
part, and in any quantity, as our demands may require. Its uses
are more extensive than any vegetable hithei'to known, for in its
gross state it far exceeds anything of the kind for cordage and

12

HISTORICAL KECOPvDS OF NEW SOUTH WALES.

Commercial
centre.

Metals of
every kind.

Settlers from
the islands
and China.

The

American

loyalists.

1785 canvas, and may be obtained at a much cheaper rate than those
13 Jan. materials we at present get from Russia, who may perhaps at
some future period think it her interest to prohibit our trade for
such articles, and the difficulties that must arise in such a case
are too ol^vious to mention, but are everywhere provided against
in this proposal.

With but a trifling expence and a little industry we may in
the course of a few years establish a commercial mart on one
island comprehending all the articles of trade in itself and every
necessary for shipping, not to mention the great probability of
finding in such an immense country metals of every kind.

At a time when men are alarmed at every idea of emigration I
wish not to add to their fears by any attempt to depopulate the
parent state. The settlers of New South Wales are principally to
be collected from the Friendly Islands and China. All the people
required from England are only a few that are possessed of the
useful arts and those comprized among the crews of the ships sent
on that service.

The American loyalists would here find a fertile, healthy soil,
far preferable to their own, and well worthy their industry, where,
with a very small part of the expence the Crown must necessarily
be at for their support, they may be established now comfortal^ly,
and with a greater prospect of success than in any other place
hitherto pointed out for them.

The very heavy expence Government is annually put to for
transporting and otherwise punishing the felons, together with
the facility of their return, are evils long and much lamented.
Here is an asylum open that will considerably reduce the first,
and for ever prevent the latter.

Upon the most liberal calculation the expence of this plan can-
not exceed ^3,000, for it must be allowed that ships of Avar are as
cheaply fed and paid in the South Seas as in the British Channel.
Had I the command of this expedition, I should require a ship
of wax- — say, the old Rainbow, now at Woolwich, formerly a ship
of forty guns — as the best constructed for the purpose of any in
the Navy, with only half her lower-deck guns and 250 men, one
hundred of which should be marines ; a store-ship, likewise, of
about 600 tons burthen, with forty seamen and ten marines, and a
small vessel of about 100 tons, of the brig or schooner kind, with
twenty men, both fitted as ships of war and commanded by proper
officers.
Guard-ship The large ship is necessary for receiving fifty of the felons, pro-
visions, and stores, with a variety of live stock and plants from
England and the Cape of Good Hope. She is more particularly
Avanted as a guard-ship, to i-emain in the country at least two
years after her arrival, or longer, as may he found necessary, to
protect the settlers, &c. The store-ship is required for taking an

Felons.

E.tpense.

Ships
required.

SIR GEOUGE YOrNG's PLAN. 13

additional quantity of provisions, to serve until wc are about to I'^'^S
raise some for ourselves. The brig or schooner is principally isjan.
wanted to explore the coast on our arrival, for notwithstanding a £xpioriii''-
convenient place is already mentioned for the purpose, nature ship.
and experience inform me a navigable river may be found on such
an extensive coast, which, when discovered, she may be then dis-
patched to England with an acccount of our proceedings. In the
nieantune, the store-ship may be sent to the Fi'iendly Islands for
inhabitants and useful plants.

The settlement being thus established, any difficulties that may
arise from the great distance of New South "Wales are obviated
in the mamier following : — The China ships belonging to the East
India Comjoany, after leaving the Cape of Good Hope, and keeping
more to the southerd than usual, may land the felons on the Route for
coast, and then proceed to the northerd, round New Ireland, ghips!'^'"^
ifcc, or through Saint George's Channel, and so on to the island
Formosa for Canton. With a little geographical investigation,
this passage will be found more short, easy, and a ^afer navigation
than the general route of the China ships — from Madrass through
the Streitfhts of Malacca.

Perhaps the number of the felons, after the present are disposed
of, may not require more than two shijDs in the coarse of a yeai\
The expence thereof attending the transporting of them by this cheap trans-
method must certainly be much less than by any other whatever, poi't^'^'^'o"-
without even the most distant probability of their return. Every
ship may take any number of felons not exceeding seventy.

Necessary Implements : — implements.

Iron in bars Soap

Forges and anvills Hatts and caps

Spades and shovels Wheels of barrows

Mattocks Seeds and plants

Spikes and nails Articles of trade with natives

Pitchforks of the islands, &c.

Axes of sorts Window glass

Iron crows and wedges Grain of sorts

Saws of sorts Fishing tackle

Large hammers Gardening too

Mills Carpenters' do.

Grindstones Smiths' tools

Cutlery Shoemakers' do.

Cooking utensils Bricklayers' do.

Iron pots of sorts Masons' do.

Shoes and leather Coals as ballast

Linnen and woollen cloth Some leaden pumps, &c.

Tinware Scythes

Thread, needles, &c. Pewter and earthenware.

Stockings

u

HISTOEICAL EECOl

OP NEW SOUTH WALES.

1786

18 Aug-.

Gaols over-
crowded.

Lord Sydney to The Lords Commissioners of the Treasury.

Convicts to

be

transported

to Rotany
Bav.

Order for
fii-st fleet.

ilarlues.

My Lords,

Whitehall, 18th August, 1786.

in this kingdom

The several gaols and places for the confinement of felons
being in so crowded a state that the greatest
danger is to be apprehended, not only from their escape, but from
infectious distempers, which may hourly be expected to break out
amongst them, his Majesty, desirous of preventing by every
possible means the ill consequences which might happen from
either of these causes, has been pleased to signify to me his royal
commands that measures should immediately be pursued for
sendino- out of this kingdom such of the convicts as are under
sentence or order of transportation.

The Nautilus, sloop, which, upon the recommendation of a
committee of the House of Commons, had been sent to explore
the southern , coast of Africa, in order to find out an eligilile
situation for the reception of the said convicts, where from their
industry they might soon be likely to obtain means of subsistence,
having lately returned, and it appearing by the report of her
officers that the several parts of the coast which they examined
between the latitudes 15° 50' south and the latitude of 33° 00'
are sandy and barren, and from other causes unfit for a settle-
ment of that description, his Majesty has thought it advisable
to fix upon Botany Bay, situated on the coast of New South
Wales, in the latitude of about 33 degi'ees south, which, according
to the accounts given by the late Captain Cook, as well as the
representations of persons who accompanied him during his last
voyage, and who have been consulted upon the subject, is looked
upon as a place likely to answer the above pui'poses.

I am, therefore, commanded to signify to your Lordships his
Majesty's pleasure that you do forthwith take such measures as
may be necessary for providing a proper number of vessels for the
conveyance of 750 convicts to Botany Bay, together with such
provisions, necessaries, and implements for agriculture as may be
necessaiy for their use after their arrival.

In order that a proper degree of subordination and regiTlarity
may be preserved in this new intended settlement, his Majesty
has been pleased to give orders that an officer and proper assistants
shall be appointed to superintend it, and that three companies of
the Marine Corps shall be stationed there so long as it may be
found necessaiy. The officers and marines will be embarked on
board a ship of war and a tender, which the Lords Commissioners
of the Admiralty have been directed to provide for this service,
the commanders of which will be instructed to take under their
protection the ships on board of which the convicts may be em-
barked, and to regulate their sailing to the place of destination.

The crews of the ship of war and the tender, as well as the
Marine Corps, will be victualled by the Naval Department during

TRANSPOETATIOX TO BOTANY BAT. 15

their passage ; but your Lordships will please to take notice that 1786
the marines are to be provided for after their landing, and supplies is A-ag.
of provisions, as well as implements for agricnlture, should also be
procured for their use. The number may amount to about 180,
to which is to be added the stafiF establishment, consisting of
fifteen, and perhaps 200 females, which yovir Lordship will see by island
a sketch of the plan for forming this new settlement, herewith women,
transmitted,''^ are likely to be procured from places in its neighbour-
hood, as companions for the men.f

If the persons who may contract for the passage of the convicts Guard for
should be desirous of obtaining military assistance for their greater transports,
security, they may be accommodated with a part of the marines,
who would otherwise be conveyed to the new settlement in the
ship of war and the tender.

According to the best opinions that can be obtained, it is Two years'
supposed that a quantity of provisions equal to two years' con- 1"°^'^*^°"^-
sumption should be provided, which must be issued from time to
time, according to the discretion of the superintendent, in the
expenditure of which he will, of course, be guided by the
proportion of food which the country and the labour of the new
settlers may produce.

From the length of the passage to New South Wales, the
commanding ofhcer will most likely find it necessary to call at
the Cape de Verd Islands, as well as at the Cape of Good Hope,
for the purpose of recruiting the water. At the latter of these
places he will, in all probability, be enabled to obtain cattle and
hogs, as well as seed grain, all of which must be procured for grain from
the new settlers, with a view to their future subsistence, and ^iie Cape,
as expenses will thereby, of course, be incurred, it will be
necessary that your Lordships should authorize the naval
commander, or the superintendent, to draw upon you for the .
amount ; and that, in addition thereto, a quantity of merchan-
dize should be put on board the ship of war or the tender
previous to their sailing, sufficient to obtain supplies of live Barter,
stock by the means of bai'ter with the inhabitants of the islands
contiguous to the new intended settlement, from whence such
suj)plies may at all times be obtained.

A small quantity of garden seeds should be sent out from Garden
hence, together with some seed grain, to prevent inconveniences and grain,
that might happen should any difficulties arise in procuring a
supply, particularly of the latter, at the Cape of Good Hope.

The tools for erecting habitations, and implements for agri- Tools and
culture, which it is supposed will be most useful in the
.settlement, are specified in the list accompanying this, and with

* Post, p. 17.
t Women from the Islands. This part of the plan was not carried out.

16

HISTOEICAL RECOUDS OP NEW SOUTH WALES.

1785

18 Aug.

Clothing.

Instruments

and

medicines.

Immediate
action.

Tools and
utensils

which it will be proper to supply the marines and the convicts
after their landing at the settlement. It is, therefore, his
Majesty's further pleasure that these articles he also jDrovided
and sent out, together with l^edding for each of the convicts,
and a proportion of cloa thing agreeably to the estimate enclosed.
The marines will be supplied with bedding from the ship of war.

I have it in command from his Majesty only further to
acquaint your Lordships that a quantity of surgical instruments
and medicines and necessaries for the sick Avill likewise be
wanted, and as soon as an estimate can be formed it shall be
transmitted to your Lordships, together with the staff establish-
ment.

In the meantime, I have only to recommend it to your
LoixTships to cause every possible expedition to be used in pre-
I^aring the shipping for the reception of the said convicts, and
for transporting the supplies of 2:)rovisions and necessaries for
their use to the place of their destination.* I have, &c.,

Sydney.
[Enclosure.]

1786.

Livi of Tools, Utensils, etc., necessary for the Convicts and 3Iarines intended
to proceed to Neiu South Wales.

Spades, 1, @ 3s. ; shovels, 1, @ 3s. ; hoes, 3 for each man, @ 9d. ; felling
axe, 1, @ 3s. ; hatchet, 1, @ Is. ; knife, 1, @ 6d. each ; gimblet, wooden bowls,
platters, and spoons, 6d. for each man.

The articles necessary to each man amounts to 12s. 6d.
which for 700 men will be . . .

General StocJ:.
Crossciit saws, 40 @ 10s. each ...
Hand saws, 1 for every 4 men, @ 5s. each ...
Frame saw.s, 40, @ 16s. each
Adzes, 100, @ 2s. each ...
Broad axes, 100, @ 2s. 6d. each
Hammers, 1 for every 4 men, @ Is. each
Augers, 140, @ Is. each
Drawing knives, 149, at Is.
Chissels and gouges, 300, @ 7d. each ...

Planes, 100, @ 2s. 6d. each

Iron forges, anvils, and hammers, 10, @ £3 ...
Grindstones, 30, @ 10s. 6d. each
Wheelbarrows, 40, @ 10s. each
Pickaxes, 50, @ 5s. each

Ploughs, 12, @, £4 each

Iron hand mills, 40, @ £2 each...
Coopers' tools, 10 setts, @ £1 15s. each

Carried forivard

* The King's Speech (George III) read at the opening of Parliament, on the 23rd .Januarj-,
1787, contained the following- passage :—" A plan has hfcn formed, b.v no' direction,
for transpoi-ting a number of con\icts in order to remove tlie incon\enience which arose
from the crowded state of the gaols in different parts of the kingdom ; and you will,
doubt not, take such further measures as may be necessary for this purijose."

£ s.

d.

437 10

0

20 0

0

43 15

0

32 0

0

10 0

0

12 10

0

8 15

0

7 0

0

7 0

0

8 15

0

12 10

0

30 0

0

15 15

0

20 0

0

12 10

0

48 0

0

SO 0

0

, 17 10

0

£823 10

0

£ s.
82S 10

0

1786

100 0

0

IS Aug

30 0

0

6 13

4

Tools and
utensils.

.5 0

0

170 0

0

33 6

8

100 0

0

£1,268 10

0

ne year.

Clothing.

£ s.

d.

0 9

0

0 8

0

0 2

6

0 9

0

0 4

0

0 6

9

0 6

9

0 13

6

PLAN OF TEAXSPORTATION.

Brougld forward
Nails of difft sizes, (a; 2s. 9d. p'r 1,000, ab't 10 barrels

Spikes, 2,000, @ £1 10s. p'r 100

Hinges, 200 pairs, @ 8d. each ...

Locks, 100, @ Is. each ...

Bar iron, flat and square, 10 ton, @ £17

G hiss, 1,000 S(|uares, (5 8d. per doz. ...

Fishing lines, hooks, nets, needles, twine, &c.

Estimate of clothing to serve a male convict for one year

Jackets, 2, @ 4s. 6d. ...

Wollen drawers, 4, @ 2s.

Hat, 1, @ 2s. 6d.

Shirts, 3, (S) 3s.

Worsted stockings, 4 p'r, (a; Is.

Frocks, 3, (a 2s. 3d

Trousers, 3, @ 2s. 3d

Shoes, 3, @ 4s. 6d.

£2 19 6
The expence of clothing female convicts may be computed to amount to
the same sum.
A proportion for two years to be provided.

[Enclosure.]
Heads of a Plan.*
Heads of a plan for effectually disposing of convicts, and Proposal for
rendering their transportation reciprocally beneficial both to settlement.
themselves and to the State, by the establishment of a colony in
New South "Wales, a country which, by the fertility and salubrity
of the climate, connected with the remoteness of its situaticm
(from whence it is hardly possible for persons to return without
permission), seems peculiarly adapted to answer the views of
Government with respect to the providing a remedy for the evils
likely to result from the late alarming and numerous increase of
felons in this country, and more particularly in the metropolis.

It is proposed that a ship of w'ar of a proper class, with a part
of her guns mounted, and a sufficient number of men on board
for her navigation, and a tender of about 200 tons burthen, Ships.
commanded by discreet officers, should be got ready as soon as
possible to serve as an escort to the convict ships, and for other
purposes hereinafter mentioned.

That, in addition to their crews, they should take on board Marines.
two companies of marines to form a military establishment on
shore (not only for the protection of the settlement, if i-equisite,
against the natives, but for the preservation of good order),
together with an assortment of stores, utensils, and implements, stores and
necessary for erecting habitations and for agriculture, and such provisions,
quantities of provisions as may be proper for the use of the crews.

C * Ante, p. 15.

18

HISTOMCAIi HECORDS OF NEW SOUTH WALES.

1786

18 Aug-.

Live stock
and seed.

Transports.

Two years'
provisions.

Ituards for
transports.

. Surgeons.

Further
.supplies.

Island
women.

Govern-
ment.

As many of the marines as possible should be artificers, such as
carpenters, sawyers, smiths, potters (ifpossible), and some husband-
men. To have a chaplain on board, with a surgeon, and one mate
at least ; the former to remain at the settlement.

That these vessels should touch at the Cape of Good Hope, or
any other places that may be convenient, for any seed that may
be requisite to be taken from thence, and for such live stock as
they can possibly contain, which, it is supposed, can be procured
there without any sort of difficulty, and at the most reasonable
rates, for the use of the settlement at large.

That Govei'nment should immediately provide a certain number
of ships of a proper burthen to receive on board at least seven or
eight hundred convicts, and that one of them should be properly
fitted for the accommodation of the women, to prevent their inter-
course with the men.

That these ships should take on board as much provisions as
they can possibly stow, or at least a sufficient quantity for two
years' consumption ; supposing one year to be issued at whole
allowance, and the other year's provisions at half allowance, which
will last two years longer, by which time, it is presumed, the
colony, with the live stock and grain which may be raised by a
common industry on the part of the new settlers, will be fully
sufficient for their maintenance and support.

That, in addition to the crews of the ships appointed to contain
the convicts, a company of marines should be divided between
them, to be employed as guards for preventing ill consequences
that might arise from dissatisfaction amongst the convicts, and
for the protection of the crew in the navigation of the ship from
insults that might be offered by the convicts.

That each of the ships should have on board at least two
surgeons' mates, to attend to the wants of the sick, and should
be supplied with a proper assortment of medicines and instruments,
and that two of them should remain with the settlement.

After the arrival of the ships which are intended to convey the
convicts, the ship of war and t'ender may be employed in obtain-
ing live stock from the Cape, or from the Molucca Islands, a
sufficient quantity of which may be brought from either of those
places to the new settlement in two or three trips ; or the tender,
if it should be thought most adviseable, may be employed in con-
^■eying to the new settlement a further number of women from
the l^-iendly Islands, New Caledonia, etc., which are contiguous
thereto, and from whence any number may be pi'ocured without
difficulty ; and without a sufficient proportion of that sex it is
well-known that it would be impossible to preserve the settlement
from gross irregularities and disorders.

The whole regulation and management of the settlement should
be committed to the cai^e of a discreet officer, and provision

PLAN OF TRANSPORTATION. 19

should be made in all cases, both civil aiul military, by special 1786
instructions under the Great Seal or otherwise, as may be thought ^g ^^,„
proper.

Upon the whole, it may be observed with great force and truth
that the difference of expence (whatever method of carrying the
convicts thither may be adopted) that this mode of disposing of
them and that of the usual ineffectual one is too trivial to be a Expense not
consideration with Government, at least in comparison with the considered,
great object to be obtained by it, especially now the evil is in-
creased to such an alarming degree, from the inadequacy of all
other expedients that have hitherto been tried or suggested.

It may not be amiss to remark in favour of this plan that con-
siderable advantage will arise from the cultivation of the New
Zealand hemp or flax-plant in the new intended settlement, the Flax,
.supply of which would be of great consequence to us as a naval
power, as our manufacturers are of opinion that canvas made of
it would be superior in strength and beauty to any canvas made of
the European material, and that a cable of the circumference of
ten inches made from the former would be superior in strength
to one of eighteen inches made of the latter. The threads or
ti laments of this New Zealand plant are formed by nature with
the most exquisite delicacy, and maybe so minutely divided as to
j)e manufactured into the finest linens.

j\Iost of the Asiatic productions may also without doubt be Tropical
cultivated in the new settlement, and in a few years may render '"^° "'^'"''
< lur recourse to our European neighbours for those productions
unnecessary.

It may also be j^roper to attend to the possibility of procuring New Zealand
from New Zealand any quantity of masts and ship timber for the *™ ^''
use of our fleets in India, as the distance between the two
countrys is not greater than between Great Britain and America.
Ft grows close to the water's edge, is of size and quality superior to
any hitherto known, and may be obtained without difficulty.

Staff Establishment for the Settlement at New South Wales : — Estimate of

expenditure.
Yearly Salary.

The Naval Commander to be appomted Governor or Super- £ s. d. 1— Staff.

intendent-General ... ... ... ... 500 0 0

The Commanding Officer of the Marines to be appointed

Lieut. -(iov. or Dept. Superintendent ... ... ... 250 0 0

The Commi.ssary of Stores and Provisions, for himself and

assistants (to be appointed or named by tlie contractors

for the provisions) 200 0 0

Pay of a .surgeon £182 10 0

Ditto of two mates 182 10 0

:mri o o

Chaplain 182 10 0

£1,497 10 0

20

HISTORICAL EECORDS OF NEW SOUTH WALES.

1786

18 Aug.
2— Clothing.

Estimate of clothing to serve a male convict for one year : —

21 Aug.

Terms for

conveying
convicts.

No.

Value each

s. d.

2

4 6

4

2 0

1

2 6

3

3 0

4 pr.

1 0

3

2 3

3

2 3

3pr.

4 6

Jackets

Woolleu drawers ...

Hat

Shirts

Worsted stockings

Frocks

Trousers

Shoes

£2 19 6

The expence of clothing female convicts may be computed to amount to
the like sum.

£

s.

d.

0

9

0

0

8

0

0

2

6

0

9

0

0

4

0

0

6

9

0

6

9

0

13

6

TURNBULL MaCAULAY AND T. GkEGORY TO UnDER SECRETARY

Nepean.

Sir, London, 21st August, 1786.

If Government should determine to send the convicts to
South Wales, we beg leave to offer to undei'take to convey them
thither, and provide what may be wanting for them, on the
following terms : —

To provide sufficient vessels for transporting them thither, and
to remain two months with them after their arrivals ; accomodation
on. board ; and sufficient provisions for the voyage, and two months
after ; at the rate of twenty-eight guineas each person.

To deliver in South Whales sufficient provisions, in proportion, as
the troops are victualled, for such number of men and such length
of tune as maybe required, at the rate of Tg-d. sterling p'r man p'r
day ; freiglit and insurance to South Wales therein included.

To purchase on the most reasonable terms whatever tools,
utensils, &c., may be wanted, without charging any commission
thereon. W^e have, ttc,

TURNBULL MaCAULAY AND T GREGORY.

Lord Sydney to the Lords of The Admiralty.

31 Aug. My Lords, W^hitehall, 31st August, 1786.

The King having been pleased to signify his Royal Com-
mands that 750 of the convicts now in this kingdom under
sentence of transportation should be sent to Botany Bay, on
the coast of New South Wales, in the latitude of 33° south, at
which place it is intended that the said convicts should form a
Convicts to settlement, and that the Lords of the Treasury should forthwith
Botany Bay. provide a Sufficient number of vessels for their conveyance thither,
together with provisions and other supplies for their subsistence,
as well as tools to enable them to erect habitations, and also

PREPAIIATION-'. 21

implements fur agriculture ; and it being his Majesty's intention 1786
that a ship of war of a proper class, with part of her guns only ^i Aur'.
on board, commanded by an able and discreet officer, and a suffi- . —
cient establishment of inferior officers and men, together with a required,
vessel of about 200 tons burthen, commanded also by an officer,
should, as soon as the convict ships are ready, proceed with them
to the new settlement, for the purpose of regulating their sailing,
and for the preservation of peace and good order during the pas-
sage, as well as for other purposes after their arrival —

I am commanded to signify to your Lordships the King's plea- ^^]P°^ J'^^
sure that you do forthwith cause a ship of war and a tender for
those services to be fitted for sea with all possible expedition, and
when the said convicts shall be put on board the ships which are
preparing for their reception in the river Thames, to instruct the
commander of the ship of war to take the convict ships under his instructions
protection, and proceed with them and the tender (which he will c^„*^i|„jgr
employ as he shall find occasion) to Botany Bay, calling off Ply-
mouth, on his way thither, for another convict ship, the master of
which will be directed to join the convoy from thence upon its
appearance.

From the length of the voyage to New South Wales, the convoy
will, of course, find it necessary to put into port on their way
thither, for the purpose of recruiting their water. Your Lordships
will, therefore, give instructions accordingly, only taking care that
one of the places to be fixed upon for a rendezvous may be the i^endezyous
Cape of Good Hope, from whence it is intended that as many '^ ^ '^'^*^'
.supplies as possible for the new settlement shall be procured.

. As it has been thought advisable that some military establish- <5arrison.
ment shall be made at the new intended settlement, not only to
enforce due subordination and obedience, but for the defence of
the settlement against incursions of the natives, and as from the
nature of the service to be performed it is highly expedient that
it should be composed of men accustomed to and under proper
discipline, his Majesty has been pleased to direct that 160
private marines, with a suitable number of officers and non-com- Marines,
mission officers, shall proceed in the ship of war and the tender
to tlie new settlement, where it is intended they shall be disem-
barked for the purposes before mentioned. They will be properly
■s'ictualled by a connnissary immediately after their landing, and
provision has been also made for supplying them with such tools,
implements, and utensils as they may have occasion for, to render xhe soldiers

their situation comfortable during: their continuance at the new ^o be niade
-,11 , , . , . P , . 1 coiufortable.

intended settlement, which it is designed siiall not exceed a

period of three years.

AVhen these circumstances are known, it is very probable that Volunteers.

many of the non-commissioned officers and men may express a

desire of embarking upon this expedition ; if the whole number

99

HISTOEICAL RECORDS OF NEW SOUTH WALES.

1786

yi Aug.

Marines to
be

encouraged
to volunteer.

Heads of a
plan.

Commis-
sions and
instructions.

Officers to be
under the
Home
Bepart-
ment.

3 Sept.

Phillip's
appoint-
ment.

to be employed upon it were to consist of persons of that descrip-
tion, it would upon many accounts be advisable to give them
a preference. It is therefore his Majesty's pleasure that their
wishes in this respect should as much as possible be attended
to, and that your Lordship should, if there should be occasion,
hold out such further indulgences to them as may induce them to
embark voluntarily upon this service, either by bounty or promise
of discharge should they desire it upon their return, or at the
expiration of three years, to be computed from the time of their
landing at the new intended settlement should they prefer the
remaining in that country.

I enclose to your Lordships herewith the heads of a plan* upon
which the new settlement is to be formed, for your further infor-
mation, together with the proposed establishment for its regula-
tion and government; and as soon as I am acquainted by your
Lordships with the names of the officers intended to command
the ship of war and the marine corps I shall receive his
Majesty's further pleasure for preparing their commissions, and
such instructions as may be requisite for their guidance.

From the nature of the services they are to execute under these
insti'uctions, entirely unconnected with maritime affairs, it would
be proper that they should be immediately subordinate to the
direction of this office, and upon that ground it is his Majesty's
pleasure that they should be directed after their arrival at New
South Wales to follow such orders and directions as they may
receive from his Majesty thro' his Principal Secretary of State
for this department. I have, kc,

Sydney.

Lord Howe to Lord Sydney.

Langar, 3rd September, 1786.
The benefit of the King's service being our common object, I am
persuaded, my dear Lord, it will never suffer for want of our ready
concurrence when a necessary facility can be rendered by us, on
either part, to promote the advancement of it on any occasion.

In the present instance, the settlement of the convicts, as you
have determined, being a matter so immediately connected with
your department, I could never have a thought of contesting the
choice you would make of the officer to be entrusted with the
conduct of it.

I cannot say the little knowledge I have of Captain Philips!
would have led me to select him for a service of this complicated
nature. But as you are satisfied of his ability, and I conclude
he will be taken under your dii-ection, I presume it will not
be unreasonable to move the King for having his Majesty's

* Ante, p. 17.
t Phillip's name was frequently mis-spelt by the public men of the time.

THE MARINES. '23

pleasure signified to the Admiralty for these purposes as soon as 1786
you see proper, that no time may be lost in making the requisite
preparations for the voyage. I am, &c.,

Howe.

The Marines and their term op Service.

Extract from a letter written to the Commanding Marine Officei's

at the Divisions, respecting a detachment to be sent out to

New South Wales : — r, , ^ i i-,.« o-^ ^

8th October, 178G. s.Oct.

The non-commission ofticei's and private marines to be 'allowed

their discharge^ if they desire it, on their return to England,

after they have been relieved (which it is intended shall take

place at the expiration of 3 years), provided their good behaviour Three years'

shall entitle them to such favor ; or will be discharged abroad service.

upon the I'elief, and be permitted to settle in the country, if they

prefer it.

To be victualled by a commissary, and to have such tools, Victualling

implements, and utensils as they may have occasion for whilst

employed for the protection of the new settlement.

Sir a. S. Hamond* to Under Secretary Nepean.
Dear Sir, Gillingham, 8tli Octr., 178G.

I do not exactly know what plan Grovernment may have
in view with respect to Botany Bay, but if colinizeation may be
intended, perhaps it may be thought necessary to have the
countrv surveyed and explored. Lieut. Bray, of the Navy who is a volunteer
a very ingenious draftsman, is very desirous of being a volunteer
on the expedition. He says he can be well recommended to
Lord Sydney by several noblemen of rank, but before he makes
his application he wishes to know if any draftsmen are intended
to be sent out.f If you can give him this, or any other infor-
mation that may be useful to him in his persuit, it will be serving
a man of merit, and oblige. Yours, <kc.,

A. S. Hamond.

The Lords of the Admiralty to Lord Sydney.
My Lord, Admiralty Office, 12th October, 178G. 12 Oct.

Your Lordship having acquainted us in your letter of the
31 of August last that his Majesty has signified his royal com-
mands that 750 of the convicts now in this kingdom under
sentence of transportation should be sent to Botany Bay, on the
coast of New South Wales, where it is intended they should form
a settlement ; and at the same time signified the King's pleasure

' Sir Andrew Snape HaiiionJ, one of the Commissioners of the Na\-J'.
t Lieut. Bray's services were not accepted.

24 HISTORICAL RECORDS OF NEW SOUTH WALES.

1786 that a ship of war of a proper class, with a proper vessel for a

12 Oct tender, and a detachment of marines, should be got in readiness to

proceed with the convicts for the purposes mentioned in your

Lordship's letter, — we are to acquaint your Lordship that, in

obedience to his Majesty's commands, we immediately ordered

TheSiriusto the Sirius,* one of his Majesty's ships of the sixth rate, with a

e got ready, p^^pg^ yessel f or a tender, to be fitted for this service ; and that

the ship will be ready to receive men by the end of this month.

We are further to acquaint your Lordship, in answer to that part

' of your letter desiring to be informed of the names of the officers

intended to command the ship of war and the marine corps, that

Phillip and Captain Arthur Phillipf will be appointed to command the Sirius,

and Major Robert Ross the detachment of marines.

We are, &c.,
Howe.
Chs. Brett.
Ardex.

12 Oct. Governor Phillip's First Commission. |

George R.

George the Third, &c., to our trusty and well-beloved Captain

Arthur Phillip, greeting : —
We, reposing especial trust and confidence in your loyalty,
Phillip courage, and experience in military affiiirs, do, by these presents,
Goveruor^ constitute and appoint you to be Governor of our territory called
New South Wales, extending from the northern cape or ex-
tremity of the coast called Cape York, in the latitude of 10° 37'
sou.th, to the southern extremity of the said territory of New
South Wales or South Cape_, in the latitude of 43° 39' south, and
of all the country inland to the westward as far as the one
hundred and thirty-fifth degree of longitude, reckoning from the
meridian of Greenwich, including all the islands adjacent in
the Pacific Ocean, within the latitude aforesaid of 10° 37' south
and 43° 39' south, and of all towns, garrisons, castles, forts,
and all other fortifications or other military works, which now
are or may be hereafter erected upon this said territory. You
are therefore carefully and diligently to discharge the duty of
Governor in and over our said territory by doing and performing
all and all manner of things thereunto belonging, and we do

* Philip Gidlej' King, Second Lieutenant of the Sirius, who afterwards held the offices of
Lieut. -Governor of Norfolk Island and Governor of New South Wales, states in his
journal: — " The construction of a King's ship not being deemed proper for the serxice,
the Berwick, storeship, was pitclied on by the Admiralty, and her name changed to the
Sirius, so called from the bright star in ye southern constellation of the Great Bog."

t Appointed first Governor of New South Wales by Commission, 12th October, 1786.

t This commission is dated 12th October, 1786, and the Records show that it was acted
upon almost at once. It was replaced, however, by a fuller conunission, 2nd April, 1787.
Post, p. 62. According to the Annual Register for 1787, Phillip's apjiointment was not
publicly announced until 17th April. Instructions were issued, 25th April, 1787. Post, p. 85.
Additional Instructions, post, p. 256.

SHIPS ENGAGED. 25

hereby strictly charge and command all our officers and soldiers 1786
who shall be employed within our said territory, and all others lo oct.
whom it may concern, to obey you as our Governor thereof ; and
you are to observe and follow such orders and directions from
time to time as you shall receive from us, or any other your
superior officer according to the rules and discipline of war, and
likewise such orders and directions as we shall send you under instmc-
our signet or sign manual, or by our High Treasurer or Com-
missioners of our Treasury for the time being, or one of our
Principal Secretaries of State, in pursuance of the trust we
hereby repose in you.

Given at our Court at St. James's, the twelfth day of October,
1786, in the twenty-sixth year of our reign.

By his Majesty's command,

Sydney.

Sir a. S. Hamond to Under Secretary JSTepean.
Dear Sir, Chatham, 16th Oct., 1786. 16 Oct.

Mr. White,* the surgeon of the Irresistible, is a candidate sm-geon.
for Botany Bay. He is a young man of much credit in his
profession, and of that sort of disposition and temper that render
him a very proper person for such an establishment. If no
surgeon is yet appointed, and you will do me the favor t(j recom-
mend him to Lord Sydney, I shall think myself much obliged to
you, and shall consider myself bound to Government for his
good behaviour. I am, &c.,

A. S. Hamond.

Under Secretary Rose! to Secretary Stephens. |

Sir, Treasury Chambers, 2Lst Oct., 1786. 2iOct.

The Commissioners of the Navy having, in their letter of swps^
the 18th instant, represented to the Lords Commissioners of his ®""^°'^ •
Majesty's Treasury that they have agreed for a sufficient quantity
of shipping to convey the convicts, &c., to Botany Bay, and that
they will l3e ready to proceed from Gravesend in a month at
furthest ; and stated that if the ships get to New Holland so early
as to be able to reach China by the 1st of January, 1788, they
are to be discharged, but if they are unnecessarily delay'd on the
passage, or detained in Botany Bay after the convicts are landed,
so as to be prevented from proceeding in time for China, they
will be under the necessity of continuing them in their pay till
their return to Deptford, — I am commanded by their Lordships to
desire that you will move the Lords of the Admix'alty to direct —

* >Ir. .John White, a]ipointed Chief Surgeon of the Settlement, 24 October, 17S6.
Returned to Eiii^land, 17'J4.

t Mr. George Rose, Under Secretary of the Treasury.
I PhiHp Stephens, Secretary of the Admiralty.

"o^o^

Lieut-
Governor.

26 HISTORICAL EECORDS OF NEW SOUTH WALES.

1786 the captain of the King's ship who accompanies them to take care

"1 Oct that no unnecessary delay happens on the passage to Botany Bay,

or on their departure from thence, and that he uses his best

endeavours to enable the ships under his command to reach China

by the 1st January, 1788. I am, tfec,

Geo. Rose.

Major Ross's Commission as Lieutenant-Governor.*
24 Oct. George R.

George the Third, &c., to our trusty and well-beloved Major

Robert Ross, greeting : —
We, reposing especial trust and confidence in your loyalty,
courage, and experience in military affairs, do, by these presents,
constitute and appoint you to be Lieutenant-Governor of the
settlement within our territory called New South Wales. You
are therefore, as Lieutenant-Governor, to take the said settlement
into your care and charge, and carefully and diligently to dis-
charge the duty of Lieutenant-Governor thereof, by doing and
performing all and all manner of things thereunto belonging ;
and we do hereby strictly charge and require all our officers and
soldiers who shall hereafter be in our said territory, and all
others whom it may concern, to obey you as our Lieutenant-
Governor thereof, and you are to observe and follow such orders
and instructions from time to time as you shall receive from us,
our Governor of our said territory for the time being, or any
other your superior officer, according to the rules and discipline
of war, in pursuance of the trust we hereby repose in you.

Given at our court at St. James's, the twenty-fourth day
of October, 1786, in the twenty-sixth year of our reign.

By his Majesty's command,

S YDNEY.

Judge- Advocate Collins's Commission.!

George R.

George the Third, etc., to our trusty and well-beloved Captain

David Collins, greeting : —

We do, by these presents, constitute and appoint you to be Deputy

Judo-e- Judge-Advocate in the settlement within our territory called

Advocate. ]*;rew South Wales. You are therefore, carefully and diligently

to discharge the duty of Deputy Judge-Advocate, by doing

^ Major Ross was in command of the detachment of marines sent out to guard the con\icts.
He was Lieut. -Governor of Norfolk Island from March. 1790, to October, 1791.

t Captain of marines, afterwards colonel. He acted as Judge-Advocate and Secretary
to the Governor at Sydney, until Sept., 1790, when he sailed for England, on leave of
absence. He did not resume the position of Judge-Advocate, but was appointed, Dec,
1803, Lieut. -Governor of the proposed settlement at Port Phillip. The place, however,
displeased him, and he established a settlement instead on the Derwent, Van Diemen's
Land.

officers' commissions. 27

and performing all and all manner of things thereunto belonging ; 1786
and you are to observe and follow such orders and directions from ^i Oct.
time to time as you shall receive from our Governor, of our said
territory for the time being, or any other your superior officer,
according to the rules and discipline of war.

Given at our Court at St. James's, the twenty-fourth day
of October, 1786, in the twenty-sixth year of our reign.

By his Majesty's command,

Sydney.

First Chaplain's Commission.*
George R.
George the Tliird, &c., to our trusty and well-beloved Richard

Johnson, clerk, greeting : —
We do, by these presents, constitute and appoint you to be Chap-
lain to the settlement within our territory called New South
Wales. You are, therefore, carefully and diligently to discharge
the duty of chaplain by doing and performing all and all manner cimplain.
of things thereunto belonging ; and you are to observe and
follow such orders and directions from time to time as you shall
receive from our Governor of our said territory for the time
being, or any other your superior officers, according to the rules
and discipline of war.

Given at our Court at St. James's, the twenty-fourth day of
October, 1786, in the twenty-sixth year of our reign.

By his Majesty's command,
Sydney.

Surgeon White's Commission.

George R.

George the Third, &.c., to our trusty and well-beloved John White,

greeting : —
We do, by these presents, constitute and appoint you to be
Surgeon to the settlement witliin our territory called New South
Wales. You are, therefore, carefully and diligently to discharge
the duty of surgeon by doing and performing all and all manner chief
of things thereunto belonging ; and you are to observe and follow surgeon.
sucli orders and directions from time to time as you shall receive
from our Governor of our said territory for tlie time being, or
any other your superior officer, according to the rules and disci})-
line of war.

Given at our Court at St. James's, the twenty -fourtli day
of October, 1786, in the twenty-sixth year of our reign.

By his Majesty's command,

Sydney.

* The Rev. Richard Johnson acted as Chief Chaplain of tlie Settlement until 1800, wlien
he retired.

28

HISTOEICAL HECOEDS OF NEW SOUTH WALES.

1786

• 24 Oct.

Assistant-
Surgeon.

31 Oct.

Assistant-Surgeon Balmain's Commission.

George R.

George the Third, &c., to our trusty and well-beloved William

Balmain, gent., greeting : —
We do, by these presents, constitute and appoint you to be
Assistant-Surgeon to the settlement within our territory called
New South Wales. You are, therefore, carefully and diligently
to discharge the duty of Assistant-Surgeon, by doing and per-
forming all and all manner of things thereunto belonging ; and
you are to observe and follow such orders and directions from
time to time as you shall receive from our Governor of our said
territory for the time being, or any other your superior officer,
according to the rules and discipline of war.

Given at our Court at St. James's, the twenty-fourth day of
October, 1786, in the twenty-sixth year of our reign.

By his Majesty's command,
Sydney.

Governor Phillip to Secretary Stephens.*
Sir, [London] October 31, 1786.

The Right Honorable the Lords Commissioners of the
Admiralty having ordered his Majesty's ship Sirius, under my
■Armament command, to be supply'd with six caronades and four six-pounders,
of the Sirius 1 am to request that you will please to move their Lordships to
order ten more of the six-pounders to be put on board, with the
ironwork necessary for the cariages. Having the ironwork, the
guns can at any time be mounted, and may, I presume, in future
be of great use to us, on board or on shore, as the service may
require. I have, &c.,

A. Phillip.

Governor Phillip to Secretary Stephens.

Sir, [London] November 3, 1786.

I acknowledge the receipt of the Right Honourable the
Lords Commissioners of the Admiralty's orders for surveying
and making the necessaiy obseiwations in the different harbours,
roads, &g. — the orders for salutes — for bearing widows' men — ■
the copy of the Act of Parliament for preventing abuses in the
payment of seamen's wages, prize-money, etc. — abstracts of the
said Act and orders, to affix them in a public place on board his
Majesty's ship under my command, as likewise orders for receiving
such additional stores and provisions as can be conveniently stored.

Their Lordships' orders on these heads will be duly comply'd
with. I have, &c., , A. Phillip.

* This is the first of a series of letters written from London. Lieut. Philip Gidley King, of
the Sirius, afterwards Governor of New South Wales, says in his juunial : — " It was not till
ye 11th of May [17i7] that the Governor Joined us, he havinic been detained in town until
the Ministry had arranged and fixed the different orders, settling- a number of t.hin),'s so
incident to ye great voyage we were about to undertake."

3 Nov.

Orders
from the
Admiralty.

VICTUALLING THE MARINES.

29

The Lords of The Admiralty to Lord Sydney. 1785

My Lord, Admiralty Office, 21st Nov., 1786. 21 Nov.

Your Lordship having, in your letter of the 31st August The
last, acquainted us that it is his Majesty's pleasure a party of '"^""^s.
marines, consisting of 160 private marines, with a suitable number
of officers and non-commissioned officers, shall proceed to Botany
Bay, on the coast of New South Wales, not only to enforce due
suljordination and obedience in the settlement intended to be
formed there, but for the defence of the settlement against the
incursion of the natives; and that they shall, immediately after
their landing, be properly victualled by a commissary, and supply'd
with such tools, implements, and utensils as may be necessary to
render their situation comfortable during their continuance there
— we beg leave to inform your Lordship that the marines, while
they serve on board his Majesty's ships, are victualled in like
manner as the seamen, without any deduction from their pay on
that account, and do therefore humbly submit to his Majesty Their pay.
whether any stoppage should be made from the pay of the marines
going to Botany Bay upon the present occasion towards defraying
the expence of the provisions with which they are to be supply'd
by the Commissary while on shore.

And as it is usual when any regiments are sent upon service to
his Majesty's colonies or plantations to allow them to take with
them a certain number of women, we beg leave to propose that the
wives of the marines going to Botany Bay, not exceeding ten to each Marines'
company, which will not in the whole amount to more than forty wives,
women, may be allowed to embark with them. "We are, &c.,

Howe.

Chas. Brett.
Rd. Hopkins.

FiATiONS provided for the Marines during their passage to Botany Rations for

T)„„ marines.

Sunday

Monday

Tuesday

Wednesday ...

Tliursday

Friday

Saturday

m

.2

0}

0.4

"3
§

6

vy
0

c

lb.

b.

"2

0

lb.
1

1

pts.

h

pts.
1
1
1

pint

h
h
h
1

oz.
0

"2

2
6

lb.

"i
1

pts.
i

7

4

2

2

3

H

f

h

Per week when on shore.— 7 lb. of bread or 7 lb. of flour, 7 lb. of beef
or -1 lb. of pork, 3 pints pease, 6 oz. butter, and 1 lb. flour or i lb. rice.

30

HISTORICAL EECORDS OF NEW SOUTH WALES.

1786

23 Nov.

Peruvian
bark.

SURGEOX WORGAN TO GOVERXOR PhILLIP.

Sir, Sirius, Deptford, 23rd November, 1786.

From the experienced utility of Peruvian bark in ships
stationed on the coast of Guinea and in similar climates, it would
seem a very necessary article in the present intended expedition ;
but from the high price of the drug Navy sui'geons cannot afford
the vast quantity required to do justice to the men without
wronging themselves ; therefore I humbly beg, sir, that you will
move for a proportionate supply to the number of men on Ijoard
the Sirius. I am, &c.,

G. B. WoRGAN, Surgeon of the Sirius.

6 Dec.

Transporta-
tion Act.

Captaix Phillip to Uxder Secretary Nepean.

2 Dec. Sir, [London] December 2nd, 1786.

„,. , As I fear much discontent in the garrison if there is no

Wine and n • • • / i • i i i

spirits for allowance of wine or spirits (to which they have ever been accus-
egarrison. ^Qj^jg^^j^ until spruce beer can be procured for them, I beg that
you will please to lay this circumstance before the Lords of the
Treasury.

I shall he able to receive a certain quantity of wine on board
at Teneriffe, or the Cape, if judg'd necessary, and which I hope
will be the case. I have, &c.,

■ A. Phillip.

Order for Transportation.*

Whereas by the Act passed in the twenty -fourth year of the
reign of his present Majesty, intituled 'An Act for the effectual
transportation of felons and other ojffenders, and to authorize
the removal of prisoners in certain cases, and for other purposes
therein mentioned,' it is enacted that from and after the passing of
the said Act when any person or persons at any session of oyer and
terminer or gaol delivery or at any Quarter or other General Session
of the Peace, to be holden for any county, riding, division, city,
town, borough, liberty, or place within that part of Great Britain
called England, or at any great Session to be holden for the
county palatine of Chester, or within the Principality of Wales,
shall be convicted of fraud or petty larceny, or any other offence
for which such person or persons shall be liable by the laws t)f this
Recital. realm to be transported : It shall and may be lawful for the
court before which any such person or persons shall be so con-
victed as aforesaid, or any •subsequent court holden at any place
for the said county, riding, division, city, town, borough, liberty,
or place, respectively, with like authority to order and adjudge
that such person or persons so convicted as aforesaid shall be
transported beyond the seas for any term of years not exceeding

* New South Wales was first jianied as a place of transportation at tlie Council held at
the Court of St. James's, 6th of December, 1786.

TRAXSPORTATIOX TO NEW SOUTH WALES. 31

the number of years or term for -which such person or persons is 1786
or are or shall be liable by any law to be transported; and in 2 Dec.
every such ease it shall and may Ije lawful for his Majesty, by
and with the advice of his Privy Council, to declare and appoint
to what place or places, part or parts, beyond the seas, either
within his Majesty's dominions or elsewhere out of his Majesty's Transporta-
doininions, such felons or other offenders shall be conveyed or
transported, and such court as aforesaid is thereby authorized
and empowered to order such offenders to be tx-ansported to the
use of any person or persons and his or their assigns, who shall
contract for the due performance of such transportation ; and
when his Majesty, his heirs and successors, shall be pleased to
extend mercy to any offender or offenders who hath 01 have been
or shall be convicted of any crime or crimes for which he, she, or
they is, are, or shall be by law excluded from the benefit of
clergy, upon condition of transportation to any place or places,
part or parts, beyond the seas, either for term of life, or any
numlier of years, and such intention of mercy shall be signified
])y one of His Majesty's Principal Secretaries of State, it shall
1>e lawful for any court having proper authority to allow such
offender or offenders the benefit of a conditional pardon, and Conditional
(except in cases where such offender or offenders shall he author- i^*''''°"-
ized by his Majesty to transport himself, herself, or themselves)
to (jrder the transfer of such offender or offenders to any j^ei'son
or persons who shall contract for the due performance of such
transportation, and his or their assigns, for such and the same
terms of years for which such offender or offendei-s shall have
l)een ordered to be transported, or for such term of life or years as
shall be specified in such condition of transportation as aforesaid.

And whereas it hath been represented to his Majesty that the
several offenders whose names are contained in the list hereunto
annexed have been transported or ordered to be transported to
parts beyond the seas, his Majesty doth hereby judge fit, by and
with the advice of his Privy Council, to declare and appoint the
place to which the several offenders shall be transported for the
term or terms in their several sentences mentioned to be the
eastern coast of New South Wales, or some one or other of the Convicts to
islands adjacent ; and all persons whom it may concern are to southWalea.
give the necessary directions for causing the said several offenders
to be conveyed or transported tf> the eastern coast of New South
Wales, or some one or other of the islands adjacent, in the manner
directed by the said Act.

[The list contains many hundreds of names. At the Council
held December 22, 1786, a similar order was made with regartl
to women. These, and others previously sentenced to he trans- Women,
ported to America, " shall be transported to the eastern coast of
New South Wales, or some one or other of the islands adjacent."]

32

HISTORICAL RECORDS OF NEW SOUTH WALES.

Estimate of
expenses.

1786 Memo, from Uxder Secretary Kepeax to Sir C. Middletox.

]\Ir. Nepean presents his compliments to Sir Charles Middle-
ton. Is desired by Mr. Pitt* to request that he will order a
statement to be made of the expences which it is supposed will
be incurred under the direction of the Navy Board for the pro-
viding of provisions, clothing, implements, &c., for the convicts,
and sending them out to Botany Bay, including the expenses
incurred for the detachment of marines. It is not expected that
any statement which can n ow be made will be an accurate one, but
INIr. Pitt wishes to obtain within a few days some information
upon the business which may lead him to form an opinion to
what expence this establislnnent may be likely to amount.

Mr. Kepean has applied to the Admiralty for information
respecting the equipment of the Sirius and the tender, and the
annual expence of their crews, as well as with regard to the pay
of the marines. He has likewise applied to Mr. Rogers for an
account of the value of the stores which have been supplied by
the Board of Ordnance.

Equipment
of the
Sirius.

Sirius and
Supply —
cost of
equipment.

Equipment of the Sirius and Supply.

An estimate of the expences which will attend the equipment of
the Sirius and the tender that will accompany her to Botany
Bay ; of the annual expence of their establishment, including
the victualling ; of the probable value of the stores that may
be annually expended on board the Sirius and Supply ; and
also of the annual pay of the marine establishment.

First Yeai-^s Equipment — Sirius. Supply.

Hull, mast, yards, furniture, and stores 7,072 3,*i70

Wages 3,3-22 1,123

Victuals 1,981 681

Second Year —

Wages and victuals as before .

Third Year —

Wages and victuals as before

12,. 375
5,303

5,074
1,804

5,303 1,804

Annual Pay and Clothing of the , ^, t>f\n i^ oj
Marine Establishment ^ ^^^^^^ ^^- ^^'

Three Years ..

22,981
8,682

31,6631

14,089

8,682

Total £45,752

1 No charge for stores included in the last two years, it being supposed
that what is carried out will last the whole term.

* The Prime Minister, the Right Hon. William Pitt.

ESTIMATES OF EXPENSE. 33

Estimate of the Expence of Ordnance Stores ordered to be sent ^"^^^
to the intended Settlement at Botany Bay.

G iron guns, 12 and 6 pdrs.

2 brass guns, mountetl on travelling carriages,

6 pdrs. ...
6 standing carriages, 12 and 6 pdrs
2 travelling carriages, 12 pdrs.
Round shot and other stores necessary

above mntd. guns
500 tents for the convicts ...
160 tents for the marines ...
200 musquets for barter
200 cutlasses for barter
200 stand of arms for marines

for the

1/ c/

d.

Estimate of

£

s.

ordnance

116

4

0

stores.

126

9

0

50

15

11

73

0

0

635

19

OS

553

2

6

176

19

10|

340

0

0

23

6

8

340

0

0

£2,435

17

Oh

First Year's Civil Salaries.

Estimate proposed for defraying the establishment in New South ^,*ii'estab/
Wales from the 10th of October, 1786, to the 10th of October, lishment.
1787 :—

Allowance to the Governor

,, Lieut. -Governor ...

„ Depy. Judge-Advocate ...

„ Provost-Marshal ...

,, Chaplain

,, Surgeon

,, Three Surgeon mates, each £91 5s,

„ Surveyor of lands

„ Agent

„ Upon account for paj^ment of fees

ui)on the receipt and audit

*

,, Commissary

£

s.

d.

1,000

0

0

250

0

0

182

10

0

91

5

0

182

10

0

182

10

0

273

15

0

182

10

0

150

0

0

200

0

0

£2,695

0

0

182

10

0

£2,877

10

0

Captain Teer to Under Secretary Nepean.
Sir, Deptford, Dec. the 9th, 1786. 9 Dec

I am desired by Sir Charles Middleton* to acquaint you
that the following arrangement is made by him, agreeable to your
letter, and that an othcial one will be sent on Monday to the
Treasury, and that the ships will be sent accordingly as soon as
the charge of provisions and other necessarys can be made.
Some spirits must Ije sent from the Lady Pem-hyn to the Char- The
lotte and Friendship, for the marines that were lirst intended for t'''"'°P<'»'*s
her now ordered to the two last. Therefore, as this is absolutely
necessary now, you will take care to indemnifie the masters of

* Comptroller of the Na\-y ; afterwards Rear- Admiral of the White.
D

3i

HISTORICAL HECOKDS OF NEW SOUTH WALES.

1786

9 Dec.

these transports, who will act by my orders for the good of the
service, from all harm, as no fraud is or shall be done by this

Distri-
bution.

The women'

A mistake
to dinde
tliem.

The Lady
Penrhyn
could ac-
commodate
aU.

Bonds
for safe
custody.

The
marines.

change to the excise.

TheAlexr

Lady Penrhyn to carry
Charlotte
Friendship
Scarborough ...

Men.
210

iVb

80
210

Women.

102
24
24

Marines.
32

... to go to Gallons. *
40

40 to go to Plymouth.
32 to go to Spithead.

600 150

Besides the marine ofBcers, surgeon, &c.

144

am.

(tc,
Geo.

Teer.

Under Secretary Kepean to Sir C. Middleton.

Dear Sir, December 9th, 1786.

Since I was favor'd with your letter yesterday I have
received a note from Captain Teer, containing an arrangement
which you have made for sending out the women, by which I
observe that instead of embarking the whole hundred and fifty
in the Lady Penrhyn, or, if that could not be done, to put on
board of her a hundred and twenty-four, and to let the remaining
twenty-six now on board the Dunkirk at Plymouth go out in one
of the ships intended to take away the male convicts from thence,
you have order'd the women to be divided on board of tliree ships.
I ought not, to be sui'e, to presume to offer any opinion to you, as
you must, for many reasons, be a better judge of these matters
than I am, but it strikes me very forcibly that they should not,
if possible, be divided.

Prom the tonnage of the Lady Penrhyn I should imagine that
with scarce any alteration she could be made to contain the whole
of the women, tho' they might be a little crowded, with less in-
convenience than most of the transports which are to contain the
men, and would most likely be more healthy, as there would be
no danger from the allowing the women to be constantly upon
deck. Howevei', this business must remain with you to deter-
mine, and I hope that you will forgive me for starting an opinion
upon it.

I hope that it has occurr'd to you in your engagements for
the transports that the owners, as well as the masters and mates,
must enter into the bonds which the Acts of Parliament require
for the safe custody of the convicts whilst on board the trans-
ports. If that has not been done new difficulties will arise, for
the courts will not vest them with the custody of the convicts
without it.

Pei-haps some of the victuallers! might take a part of the
marines. I am, tfcc,

Evan Nepean.

* The Galleons in the Thames.

t Store ships.

THE WOMEN CONVICTS. 35

Governor Phillip to Secretary Stephens. 1786

Sir, [London] December 11, 1786. " Dec.

You will please to inform the Right Honourable the Lords
Commissioners of the Admiralty that his Majesty's ship Sirius, Sirius.
under my command, left her moorings at Deptford, and went
down to Long Reach the 9th instant, where she now remains, to
receive on board her guns and the remainder of her stores.
I enclose a weekly account, and have the honour to be, —

A. Phillip.

Sir C. Middleton to Under Secretary Nepean.
Dear Sir, December 11, 1786.

It is absolutely impracticable to arrange the transports in
any other manner than we have done without unloading and Too late to
new filling all the ships, and which would require at least three ^''^'' ^ ^"*"
weeks from this time. The Lady Penryhn being intended for
seventy women, the number we were ordered to provide for, was
made a pro\'ision ship, and fitted accordingly for the women. The
others, being for males, had the disposition of provisions, &c.,
suitable to that arrangement. I do not, however, see any force
in the objection you have mentioned of putting male and female
in the same ship, as it is done continually in all the African African and
(Xegro) cargoes that are carried to the West Indies. Each have preceJentd^"
their separate rooms, and, though both in the same vessell, have
no communication with each other. It will be the same in the
two ships who are to go to Plymouth, and who by a new arrange-
ment of the marines will just caiTy the number of males and
females intended to embark from that place, with this only
difference, that a few supernumeraries will be carried out in them
to the other ships. The women have separate rooms from the no com-
men, and no communication whatever with each other. This munication

D6t'W6Gn tllG

restriction must be strongly enforced to the officers who embark sexes,
as the guard, and to ye agent who conducts them, and from the
example which I have been a witness of for some weeks in a
Guinea ship I see no reason for apprehension in this disposition.

The women cannot be more crowded than they are, having Women
only 1 k ton allowed to each, and which is as little as possible for to'.rethe'r
so long a voyage.*

On the subject of security I see a real difficulty, unless the Security.
King's authority [is given] to supersede the usual practice of the
courts in dispensing with it.

I have never been employed in sending out convicts till now, i^gal forms,
and of course have made no enquiry into the law forms, and which
sliould have been conveyed to us in the original order. I must,
however, observe that, as far as I remember concerning this
business, those who formerly carried out convicts had not only

* See Phillip's letters to Nepean, post pp. 46, 77.

36

HISTORICAL RECORDS OF NEW SOUTH WALES.

1786

11 Dec.

The

conditions
of contract.

State of tlie
ships.

Talveii by
suriirise.

an allowance pr. head, but an interest in them after they were
embarked. This makes a wide diflerence, and will account for ye
security, which, under present circumstances, cannot be expected
from owners of ships, who haA'e no other advantage but the freight
and victualling, and take the risk of their ships (which, by the
Ijye, is no small one) upon themselves.

I send Captain Teer with this, who will explain to you more
particularly by word of mouth than I can by letter of the present
state of the ships and the difficulties that will attend any further
alteration in them.

I trust and hope that when any business of this kind is agitated
again that I may have some notice of it before it is sent officially.
This was the practice in the last war, and prevented all difficulties,
and saved much expence to ye public. We must now do as well
as we can,'and I shall be very [particulai'] in following every mode
that can be pointed out for putting an end to this disagreeable
and troublesome business ; being with much regard, Yours, &c.,

Chas. Middleton.

P.S. — I write in great haste,
before me.

having

great load of business

12 Dec.

Guns for
the Supply.

15 Dec,

Secretary Stephens to The Navy Board.
Gent'n, Admiralty, 12th Deer, 1786.

My Lords Commissioners of the Adm'ty having received a
letter from Lieut. Ball, commander of his Majesty's arm'd tender
the Supply, representing that he is of opinion four-pounder
guns will be too heavy for her, and desiring that they may
be exchanged for three-pounders, I am commanded by their
Lordships to send you the said letter enclosed for your considera-
tion and opinion whether it may be proper to comply therewith.

I am, &c.,

P.S.*
P.S. — You will please to return the enclos'd with your ans'r.

Second Captain of the Sirius.
At the Court at St. James's, the 15th of December, 1786.

Present : —
The King's Most Excellent Majesty,
Viscount Howe, Lord Hawkesbury,

Viscount Gallway, William Pitt, Esq.,

Lord Sydney, Sir George Yonge.

Whereas there was this day read at the Board a memorial
from the Right Honorable the Lords Commissioners of the Admi-
ralty, dated the 1 4th of this instant, in the words following, viz. : —
"Lord Sydney, one of your Majesty's Principal Secretaries of
State, having, in his letter of the 31st of August last, signified to

* Pliilip Stephens. Copied from the letter-book at tlie Admiralty, in which only the
initials of the name are given.

WAR SHIP FOR BOTANY BAY. 37

us your ^Majesty's pleasure that one of your ships of war should 1786
proceed with the transport vessels appointed to convey convicts to is Dec.
Botany Bay, on the coast of Ne^\■ South Wales, with a view to form warlhTp for
a settlement at that place ; and it appearing by the stalf of the Botany Bay.
intended settlement, which accompanied his Lordship's said letter,
tliat it is your royal intention to appoint the captain of your
Majesty's ship employed upon this service to be Governor or Super- Governor.
intendant-General of the said settlement, we beg leave to represent
to your Majesty that, as it will probably be found expedient for
the ships to proceed to some other parts of the coast, or to some
of the islands in the Pacific Ocean, while the residence of the
captain, in the quality of Governor or Superintendant, may be
requisite on shore, for the better forming and maintaining the
settlement, we are of opinion it will be for the advantage of your
Majesty's service that an officer of supei'ior rank to a lieutenant
should upon such occasions, and at all times in the absence of the
captain, have the charge and command of the said ship, and we
do therefore humbly propose that your Majesty will be pleased,
by your Order-in-Council, to authorize us to appoint an additional
officer to the said ship, under the denomination of second captain, second
with the rank of post-captain, and with power to command her in Captain.
the absence of the principal captain, subject, nevertheless, to his
control, and to such orders and directions as he may, from time
to time, think fit for the regulation of his proceedings ; that the
pay of the second captain be equal to the pay of a captain of a
.sixth-rate, and that he be allowed four servants."

His Majesty, taking the said memorial into consideration, was
pleased, with the advice of his Privy Council, to approve of what
is therein proposed, and to order, as it is hereby ordered, that the Order in-
Lords Commissioners of the Admiralty do appoint an additional ^*'""'='''
officer to the man-of-war that shall proceed with the transport
vessels appointed to convey the convicts to Botany Bay, under
the denomination of second captain, with the rank of post-
captain, and with the poAver to command the said ship in the
absence of the principal captain, subject nevertheless to his con-
trol, and to such orders and directions as he may, from time to
time, think fit to give him for the regulation of his proceedings ;
that the pay of the saifl second captain be equal to the pay of a
captain of a sixth-rate, and that he be allowed four servants.*

LlEUT.-CoLONEL STinLINof TO TJnDER SECRETARY NePEAX.

Dear Sir, 27, Church-street, Soho, Dec. 21st, 1786. 21 Dec.

Should the accompanying letter and plan meet your appro- better and
bation, you will do me a favour by laying them before Lord Sydney. p'=^"-

* The vessel chosen was the Sirius, and the appointment of second captain was g-iven to
Captain .lohn Hunter, afterwards Governor of Mew South Wales— 1795-1800.

t Marlhoroutjh Parsons Stirling,', Captain of .%th Foot, July Sth, 1773 ; Major, Feh. lOtli,
1783 ; local rank of Lieut. -Colonel in the East Indies.

38

HISTORICAL RECORDS OP NEW SOUTH WALES.

1786
21 Dec.

Proposal.

A corps for
New South
Wales.

Six months'
training.

Permit me to acknowledge how sensibly I feel your kind atten-
tion, and shall esteem it an additional obligation your giving me
a few lines when at Leisure to say how my proposals are received.

I am, &c.,

M. P. Stirling.
[Enclosure.]

LlEUT.-COLONEL STIRLING TO LORD SYDNEY.

My Lord, December 21st, 1786.

I beg leave to submit the accompanying proposal for your
Lordship's consideration, and from my long and faithful services
to solicit your interest in my behalf.

I am certain it will strike your Lordship most forcibly the
necessity of having a corps ready for that service by the time
accounts arrive from thence, and flatter myself the terms will be
found advantageous to Government, moderate, and consistent with
my claims to your Lordship's attention.

Should the measure be instantly adopted, I could not pledge
myself for the perfect discipline of the corps under six months
from their being assembled, wherever it may be thought con-
venient, and am convinced less time would only disappoint the
expectations which might be formed ; nor would I, my Lord,
however alluring the greatness of the object to a soldier, risk
some little reputation, hardly acquired during many years' servi-
tude, with an undisciplined multitude.

I have, ifec,

M. P. Stirling.
[Enclosure. ]

Plan.

As it is probable the present body of marines destined for the
protection of the colony intended to be formed at Botany Bay,
in New South Wales, may be found on their arrival there inade-
quate to the service, both from the increasing number of the
colonists, who will require a strong force to keep them in subjec-
tion, as well as from the uncertain dispositions of the natives,
who may be naturally presumed hostile to strangers forming
a settlement among them, and are certainly formidable and
numerous, fi-om the inmiense tract of country they possess — in
order to obviate any difficulty that may arrive when a reinforce-
ment shall prove necessary, Lieut.-Colonel Stirling, of his
in'irciand^'^ Majesty's 36th Ilegt., proposes to raise a corps in Ireland, to be
ready in every respect for that service by the time accounts shall
arrive from the Governor either to relieve or reinforce the
marines now going out, as may be thought most proper,
strength The corps to consist of the following number: — One lieut.-

o corps. colonel comdg., (without a company), eight captains, eight lieut-
enants, eight ensigns, one chaplain, one quarter-master, one

18 Doc.

Plan for

special

corps.

COLONEL Stirling's proposal. 39

adjutant, one surgeon, one mate, twenty-four sergeants, twenty- ^'''^j
four corjjorals, sixteen drummers, twenty -four contingent, five is Dec.
hundred and four privates.

The men to be enlisted for seven years from the time of their Seven years'
landing in New South Wales ; at the expiration of that time, the enlistment.
corps to be compleated in whatever manner shall be judged most
eligible, and to be recruited from time to time by having a
captain, lieutenant, and ensign in Ireland.

The corps to be raised without any expense to the State, and if f » f-^'P?"^^^

T • /^ 1 1 CI • 1- • 11 11 • • !■ 1 if to the State.

Lieut.-Lolonel btirlmg is allowed the nommation oi the omcers,
taking them from the Line, and giving each a step, their former
commission remaining at the disposal of Government, he will be
responsible for the corps being compleated in three months from
the date of his beating orders.

If Government think proper to appoint the officers, he will give in
an estimate of quotas for each officer, they taking the responsibility
for fulhlling their agreement and adhering to their Instructions.

Lieut. -Colonel Stirling begs leave to add that he has been Lieut. -
upwards of four-and-twenty years an officer in his Majesty's g"jr°",f .^
service — has been on trying service in both East and West Indies, services.
and being obliged by loss of health to return lately from the former,
had the mortification to have a junior officer put over his head, as
major to the 52nd Regt., although he was by five years the oldest
captain in his Majesty's army in India, and the officer who suc-
ceeded was actually on his passage to Europe at the time of his
appointment.

He also, at a very critical period in the year 1783, when the a former
troops in general were found averse to the service in India, °^^^'
received the then commander-in-chief's approbation to an offer of
raising five hundred men immediately for that service, and had
his orders on this head, when the 33 rd Regt. being ordered out,
he suffered a severe disappointment.

From these circumstances, and his long services, is inclined Success
to hope that should this, his plan, be deemed expedient, he will
be favoured with a preference,* his connexions in Ireland ensuring
success, and his most sanguine wishes leading him to promote, by
every exertion, an undertaking so useful to his country.

M. P. Stirling,
Major in the Army and Lieut.-Colonel in India.
December 18th, 1786.

Major Ross to Governor Phillip.

Sir, Craven-street, 22nd Dec, 178G. " 1""

As there is a certainty that the marine detachment intended Themarines.
for Botany Bay will be under a necessity of encamping on their

* Colonel Stirling's proposals were not accepted. A commission to raise a special corps,
afterwards known as the New South Wales Corps, was g-iven to Major Francis Grose. Post,
pp. 24U-251.

40

HISTORICAL EECORDS OF NEW SOUTH WALES.

1786
22 Dec.

Camp
equipage.

Urgency.

Insufficient
supplies.

arrival there, and that they must unavoidably continue so until
such time as proper places of security can be found, as well for
their own safety as for the safety of the convicts, —

I have, as commanding officer of the detachment, to request
you will be pleased to demand camp equipage for them agreeable
to the enclosed list : — For one field officer, four captains, one
adjutant, one quarter-master, twelve subalterns, twelve Serjeants,
twelve corporals, eight drummers, and one hundred and sixty
privates — the actual number the detachment consists of.

I must again request your attention to this demand, as our
leaving England without them may be attended with the most
alarming consequence to the detachment.

I submit it to you, sir, whether it will be proper to demand a
greater quantity than will on our first arrival be wanted for the
service, as the having but the bare quantity mentioned in the
enclosed list will put it out of your power to supply what may,
from the many accidents such articles are liable to, be from time
to time absolutely wanted.

This may appear to you the more necessary on reflecting that
you may sometimes have occasion to detach from the main body.

I am, (fee,

R. Ross, Major.

■27 Dee.

The Sirius —
instructions
asked for.

GovERXOR Phillip to Secretary Stephexs.

Sir, [London] 27 December, 178G.

I am to request that you will please to move the Right

Honorable the Lords Commissioners of the Admiralty to give

me such orders for my conduct as they may judge proper when

the following circumstances occur : —

1. When his Majesty's ship Sirius, under my command, is
supply'd with fresh meat in any foreign port, am I to order the
same for the marines on board the transports 1

2. And is such provision to be paid for by bill on the Victualling
Board or on the Treasury ?

3. Am I to bear the marines' wives that go out as super-
numerarys on board the Sirius on the supernumerary list with
their husbands, that they may be victualled 1

4. If it should be necessary to land any marine that may be
sick in a foreign port, in what manner is he to be landed and
paid foi" 1

5. Am I to order wine to be purchased for the Sirius and the
tender ? and

6. If when I arrive at the Cape or such port as I intend
to take my departure from for the intended settlement, am I
at liberty to order the provisions that have been expended on

INSTRUCTIONS TOR THE SIRIUS. 41

the passage on board the Sirius and on board the tender, to be 1786
replaced, particularly bread and beef, supposing the same may be 27 Dec.
purchased at a reasonable price 1

7. Are the convicts to be supply ed with fresh meat when the
marines on board the transports are ; and is it to be paid for by
bill on the A^ictualling Board or on the Treasury 1

8. Should it be necessary to land any of the convicts, either
from the loss of limbs, or from any fatal distemper on board the
transports, am I at liberty to do it, and is the expense to be paid
by bill on the Yictualling Board or on the Treasury 1

9. If in a foreign port any of the masters of the ships under
my convoy should be obliged to purchase stores or provisions
that may be absolutely necessary to enable them to proceed on
their voyage, and the merchants should refuse to take their bills,
am I at liberty to draw on the Navy Board bills to purchase
.such stores.

10. If from the particular conduct of any marine belonging to
the garrison, I judge it for the good of the service to exchange
such marine for a marine belonging to the Sirius or to the tender,
am I at liberty to make such exchange 1

11. If I judge it necessary hereafter to order the Sirius or the
tender to England, in order to lessen the expense to Government,
or for any other just reason, I presume I am at liberty to do it ;
but if I send home the Sirius or the tender, in what manner
am I to be paid as captain, in full pay, after such ship is paid
off in. England ?

12. In case of sending home the Sirius or the tender, am I at
lil;)erty to discharge such men as may desire to remain in the
.settlement, and who are not absolutely necessary for the navigating
the ship home 1

13. May any commission or warrant officer be permitted to
remain when his ship is ordered home 1

14. When I put his Majesty's ship Sirius under the command
of Captain Hunter, that officer of course should take charge of
the ship's books, sign the officers' monthly expenses, &c. In that
case, as I shall have no accounts to pass for the time, in what
manner am I to be paid?* I have, &c.,

A. Phillip.

Under Secretauy Nepeax to Mr. Thomas.

Whitehall, 30 Dec, 1786.
Mr. -Nepeax presents his compliments to Mr. Thomas; begs
be will he so good as to favor him with an account of the
number of persons which each of the transport ships is to contain.

* Replies to these questions are given in a letter from Secretary Stephens. Post,
pp. 48, 49.

30 Dec.

42

HISTORICAL EECORDS OF NEW SOUTH WALES.

1786 gjg setting down the numbers upon this paper will be quite
30 Dec. sufficient.*

The

transports.

The first
chaplain.

Alexander — in the river
Scarborough — at Portsmouth

Friendship— at Plymouth

Charlotte — at Plymouth

Lady Penrhyn — in the river

Ship to be taken up

Convicts.

Marines.

Men.

Women.

Men.

Women.

210

210

80

100

'"24:

2-1

102

30

32

32

. 40

40

"so

4
4
3
3

4

30+

600

180

174

48

Sir C Middleton to

Dear Sir,

As Mr. Wilberforce is not in town himself, I introduce for
a few minutes' conversation Mr. Johnson, who is nominated as
minister for Botany Bay. He has settled his business with the
Treasury, and therefore comes to you for his appointment, and
an order for a few parish things, which are perfectly proper, and
not paid for by individuals. He may procure them himself, and
they may be brought into one list of necessaries.

I am, lire,

Chas. Middleton.

1787

1 Jan.

Transporta-
tion orders.

Bonds and
contracts.

Under Secretary Nepean to Mr. Shelton.

Sir, Whitehall, 1 Jany., 1787.

I send you herewith attested copies of four Orders of
Council, which passed on the 6h and 2 2d days of last month, fixing
the destination of the several convicts therein named,§ now under
sentence of transportation. These attested copies are intended
for your use.

I understand from Mr. Campbell i| that you have already been
furnished with a list of such convicts as are to be sent out in the
Alexander, and as it is wished that they may be removed as soon
as possible from the hulk to make room for the "people now in
Newgate, I will beg of you to get the bonds and contracts (if
necessary) executed with as little delay as may be.

* The reply to this note Ir the return which accompanies it.

t Wives of marines.

J The name is omitted, and also the date, but the letter is evidently intended for Under
Secretary Nepean. Mr. William Wilberforce, the philanthropist had interested himself in
the appointment of a chaplain for the settlement.

§ The Order-in-Conncil appointing New South Wales as a place to which convicts might
be sent was made on the 6th December, 1780. Ante, p. 30.

U Mr. Duncan Campbell, Superintendent of Convicts, on the Thames.

WANTS OF THE SETTLEMENT. 43

The Lady Penrhyn, now in the river, will receive all the female 1787
convicts now in Newgate under sentence of transportation, and j jj^j,^
her commander, with Mr. Richardson, will enter into the bonds
the latter will contract.

There will be a further list sent to you, I hope, to-day, of other The Scar-
convicts now in the hulks who are to be sent to the ship Scar- ^*^''^"=-^'
borough at Portsmouth, to be conveyed from thence to the
intended settlement at Botany Bay, and which will include all
that are to go out in the first convoy. I am, &c.,

Evan Nepean.

Articles to be provided, puix-hase of stock, &c., for the intended
settlement at Botany Bay.*

The wine to be procured from the Cape de Verd Islands must wine,
be paid for in bills of exchange.

Live stock and grain to be procured at the Cape of Good Hope Live stock
must be paid for in the same manner. and grain.

At Java and all the Molucca Islands, from whence black cattle, cattie and
goats, and hogs are to be procured, a Dutch factor resides, who is ^°^'
the only European usually on the island. By a comjoact between
the Raja and the Dutch, the factor controuls the whole of the
commerce, and it is probable that he will not permit any trade a bribe
with foreigners until he is bribed. About £10, in addition to necessary,
some English beer (perhaj^s a few dozen), will satisfy him.
Ducats to the amount of £50 will be sufiicient for this purpose,
with two or three casks of beer.

The cattle, hogs, and goats are to be obtained from the natives Barter,
for cutlasses and firearms, and it is supposed that 200 musquets
and the same number of cutlasses would purchase a sufiicient
quantity. Those arms might be taken from the Ordnance Depart-
ment, as a great number of them are now in store, daily de-
creasing in value.

As there will most likely be occasion to keep up an intercourse Trade with
with the Society Islands, from whence, indeed, various supplies ^'^^ islands.
may be obtained, about £150 laid out in small hatchets, some of
them made in the Otaheite fashion, glass beads (chiefly white),
pocket looking-glasses, nails and gimlets, and a few real red
feathers, will answer that purpose.

Admiralty Warrant for Captain Collins as Judge-Advocate.

Whereas we have thought fit to appoint you to olficiate as Judge-
Advocate to the detachment of his Majesty's marine forces ordered
to proceed to Botany Bay, on the coast of New Soutli Wales, for
the protectioi> of the settlement intended to be formed at that
place, you are hereby autliorized and directed to ofiiciate as
Judge- Advocate accordingly at all such courts-martial as shall be Advocate.

* No date or sigDature.

44 HISTORICAL RECORDS OP NEW SOUTH WALES.

1787 there lielcl for the trial of any officers, non-commiss'cl officers, or
1 Jan. private men belonging to the said detachment, pursuant to an
Act of Parliament now in force for the regulation of his Maj's
marine forces while on shore, and any other Act of Parliament
in that behalf which shall hereafter be in force, and to such
rules, articles, and regulations as now are or shall hereafter be
established by the Lord High Admiral or Commiss'rs for executing
the office of Lord High Admiral for the time being, during the
continuance of the power and authority hei'eby given to you as
aforesaid. And for your care and trouble in executing the said
employment we do hereby grant unto you an allowance after the
I'ate of ten shillings per day, to be paid to you quarterly by the
Paymastei" of Marines, and to commence on the date hereof.

Given, &c., and the seal, &c., the 1st of Jan'y., 1787.

Howe.
C. Brett.
j. l. goaver.

Warrant for Transportation.

George R.

3 Jan. Whereas a contract has l)eou entered into for transporting to New
8outh Wales, or some other of the islands adjacent, the several
convicts now in your custody on board the hulks in the river
Thames whose names are contained in the list hereunto annexed* :
Our will and pleasure is that you forthwith do deliver over to
the contractors, Mr. William Richards, shipbroker, and Mr.
Duncan Sinclair, master of the transport ship called the
The Alexander, the said convicts whose names are specified in the

convicts. said list, in order that they may be transported to the said coast
of New South Wales, or some one or other of the islands
adjacent, on board the said ship Alexander, for the terms of years
for which said convicts are severally sentenced or ordered to be
transported. And for so doing this shall be your warrant.
Given at our Court at St. James's, the third day of January,
1787, in the twenty -seventh year of our reign.

To our trusty and well-beloved Duncan Campbell, Esq.,
Superintendaut of the Convicts on the river Thames.

By his Majesty's command,

Sydney.

4 Jan.

Secretary Stephens to The Navy Board,
Gent'n, Admiralty, 4 Jan'ry, 1787.

Having communicated to my Lords Commissioners of the
Admiralty your letter of the 2d inst., informing them that being
under orders to hire transports to carry convicts to Botany Bay

* The list is not attached to the warrant in the Record Oflfice.

PREPAKATIONS FOR THE VOYAGE. 45

at the time of Lieut. Shortland's* return with the troops from 1787
Halifax, and an agent being requisite for superintending the i Jan
same, yuu appointed him, as being conversant in the business, to Lieu~
take charge of the said ships, I am commanded by their Lord- shortiand.
ships to acquaint you that they have no objection to Lt. Short-
land's being employed to superintend these transports, but that
you should have obtained their Lordships' permission before you
app'd him to that employment. I am, Arc,

Governor Phillip to Under Secretary Nepean.

Sir, [London] Jan. 4, 1787.

As it has been found necessary to add additional securities Alterations
to the hatchways and to alter the handcuffs on board the Alex- po^s.
•■ nder, the same will be necessary to be done on board the different
ships as they arrive at Portsmouth, consequently orders should be
sent down to that port, to inform your ofhce, or the Navy Board,
when such alterations are made, otherwise the convicts may be sent
from town l^efore the ships are ready to receive them.

I likewise beg leave to observe that the number of scythes (only Scythes, ^
6), of razors (only 5 dozen), and the quantity of buck and small shot. '
shot (only two hundred pounds) now ordered is very insufficient,
and that 20 scythes, 12 dozen of razors (at 12s. a dozen), and oftj.
[! cwt.] of small shot, chiefly buck, in addition to the above, is very
necessary.

I have likewise to request that you will please to inform me in Supennten-
what manner those people are to be paid who superintend the con^^cts^
convicts in their various occupations, for some people there must
be named for that purpose, and no one will undertake this business
without some reward, tho' it may be very small, being held out
to them, as likewise those who must he employed in issuing the
daily provisions — these people cannot well be taken from the
garrison — I think they may from the ship.

The knowing what provisions, cloathing, itc, are on board the
different ships is very necessary, as I find there are some things
put on board the transports by the agent that cannot possibly
remain there. I therefore beg that I may have the account as
soon as it can possibly be given.

Several (jf the staff' have rec^uested that I would once more -^^J^^ ^°''
apply to you for a twelvemonth's advance, as they find themselves
much distress'd in fitting for the voyage, and the uncertainty of

* Lieut. John Shortiand. He sul)sequently Vjecame Master and Commander in the Navy.
His eldest son, .John Shortiand, went (jut to New South Wales with Covenior Phillip,
at midshipman of the Sirius, and was on hoard that vessel when she was wrecked at
Norfolk IslaiKl. He went back to Knf,'Iand with Cajit. Hunter, and returned with him to
Port Jackson in 1793, as First Lieutenant of the Relianee. In 179" he diseovcrcd Hunter
River. He was made C'onnnander i/i ISOO.

t Copied from the Letter-book at the Admiralty, in which the initials, instead of the name
in full, are frequently pfiven.

46 HISTOP.ICAL EECORDS OP NEW SOUTH TTALES.

1787 which makes their agents unwilling to advance the sum they find

4 Jan. absolutely necessary to set out — and they feel it the more as the

officers of marines have now received a year's advance. Indeed,

I doubt if one or two of the assistant surgeons will be able to

leave town without the advance. I have, &c.,

A. Phillip.

Secretary Stephens to The Navy Board.

11 Jan.

Gent'n, Admiralty, 11th Jan'y, 1787.

I am commanded by my Lords Comm'rs of the Adm'ty
to signify their direction to you to transmit to them a list of
the names of the ships you have taken up for the conveyance
The First q£ ^]^g convicts, the marine establishment, provisions, tools, &c.,
to Botany Bay, on the coast of New South Wales, with the
names of their masters, distinguishing which of them are intended
to receive the convicts and the marine establishment and which
are to receive- the provisions, &c., the state of readiness which
they are in, and to what ports they are ordered, and whether
any and which of them have already received any convicts on
board. I am,

P.S.

Governor Phillip to Under Secretary Nepean.
Sir, [London] Jan. 11, 1787.

By letters from Lieut. Shortland and the surgeon's assistant
on board the Alexander, I find that 184 men are put on board
that ship, and 56 women on board the Lady Penrhyn, that there
Overcrowd- are amongst the men several unable to help themselves, and that
pwts^ *'^°^ ^^ kind of surgeon's instruments have been put on board that
ship or any of the transports. You will, sir, permit me to observe
that it will be very difficult to prevent the most fatal sickness
amongst men so closely confined ; that on board that ship which
is to receive 210 con\dcts there is not a space left for them to
move in sufficiently large for 40 men to be in motion at the same
time, nor is it safe to permit any number of men to be on deck
while the ship remains so near the land.
Removal to Qn this Consideration, I hope that you will order the Alex-
ander and Lady Penrhyn to join his Majesty's ship Sirius
immediately, and proceed to Spithead, where more liberty may be
allowed the convicts than can be done with safety in the river,
and those that are wanting to compleat the number to be sent
out in those ships may be sent round to Portsmouth with the other
convicts, for the most fatal consequences may be expected if the
full number is kept on board any length of time before we sail.
Surgical You will, I presume, see the necessity of ordering some surgeon's

required. " instruments to be sent on board the ships that carry the convicts

PRErAP.ATIOXS FOR THE VOYAGE. 47

— and I do hope that no more will be embarked till the ships are 1787
ready to sail, and which they cannot be for a week after they get ii Jan.
to Spithead. I have, &c.,

A. Phillip.

Secretary Stephens to The Navy Board.
Gent'n, Admiralty, 16 Jan'ry, 1787. i^Jan.

I am commanded by my Lords Comm'rs of the Adm'ty
to signify their direction to you to direct the masters of the Alex-
ander and Lady Penryhn, transports, taken up to carry convicts
to Botany Bay, to put themselves under the comm'd of Capt.
Phillip, or in his absence Captain Hunter, of his Majesty's ship
Sirius, in Long Reach, and to follow his orders for their further
proceedings. I am, <kc.,

P.S.

Secretary Stephens to Under Secretary Nepean.

18 Jan.

Sir, Admiralty, 18 Jan'ry, 1787.

Having laid before my Lords Commiss'rs of the Admi-
ralty a letter from Mr. Rose, Secretary to the Lords Commr's of
the Treasury, desiring that directions may be given to the captain
of the ship which is to conduct to Botany Bay the ships taken
up to proceed with convicts to that place, to take care that no
unnecessary delay happens on the passage thither, or in sending no
the ships from thence after the convicts are landed, and that he ^"i"^,*^®^^*""^
uses his best endeavours to enable them to reach China by the
1st Jan'ry, 1788, as they must otherwise be continued in pay till
the return to Deptford, I am commanded by their Lordships to
send you the enclosed copy of the said letter,* and to desire you
will lay the same before Lord Sydney, they not thinking them-
selves at liberty to give any directions to Capt. Phillip for his
proceedings after his arrival at Botany Bay. I am, etc.,

P.S.

29 Jan.

Superintendent Campbell to Under Secretary Nepean.

My Dear Sir, Adelphi, 29 Jan., 1787.

It cost me some time to find out a paper which would
enable me to answer your letter effectually,! and which I have this
moment laid my hand on, which caused my delay in answering
yours sooner.

It appears by a calculation I made for the information of the Trans-
House of Connnons some years since that upon an average of f°J^^^ '°"
seven years, viz., from 1769 to 1775, both inclusive, I transported England
547 convicts annually from London, Midx., Bucks, and the four
counties of the Home Circuit, and that 117 of these transports
were women. I always looked upon the number from the other
parts of the kingdom to be equal to what was transported by me-
With regard, &c., Dun. Campbell.

• Ante, p. 25. t The letter to which this is a reply is not available.

48

HISTORICAL RECORDS OF NEW SOUTH WALES.

1787 Surgeon White to Governok Phillip.

7 Feb. Sir^ [London] 7 February, 1787.

Marines I beg leave to inform you that in case of ilhiess prevailing

and convicts amonji: the marines intended for Botany Bay there has been no

without » 1 n » 1 11 1 • 1 T

medicines, necessaries supply ed. As they are equally subject to the diseases
and accidents to men embarked on board the King's ships, I am
inclined to think and hope the Lords Commissioners of the Admi-
ralty, on your representation, would order them to be supply'd
in proportion, and in the usual manner of the Navy. I think it
my duty to add that the convicts are in a similar position.

I have, itc,
John White.

The Transports and the East India Company.*

At a Court of Directors, held on Friday, the 9th February, 1787, —
Order'd, that in case the ship Lady Penrhyn should be pre-
vented arriving in China by the time prescribed in her charter-
party, she be allowed to remain there till the next season, and
then receive her loading for London, provided the Company shall
not incur any addititional expense thereby.

0 Feb.

The trans-
ports
and the
East India
Company.

At a Court of Directors, held on Wednesday, the 4th April,
1787, — Order'd, that the owners of the ships chartered for China
from Botany Biiy be excused from the obligation of those ships
being in China by the 15th January, 1788, free of expence to the
Company.

23 Feb.

No direc-
tions.

JIarines'
wives.

Sick
marines.

Secretary Stephens to Governor Phillip.

Sir, Admiralty Office, 23d February, 1787.

My Lords Commissioners of the Admiralty having taken
into their consideration the several queries stated in your letter
of the 27th of December last,t I am commanded to acquaint you,
in answer to the —

1 and 2. That as the Board of Treasury have given directions
to the Navy Board for victualling the marines who are to embark
on board the transports, my Lords cannot give any directions
respecting the furnishing them with fresh provisions.

3. The wives of marines who are permitted to embark on board
the Sirius must be victualled in like manner as the wives of land
forces embarked on board transport ships, of which you will
obtain information from the Victualling Boaixl.

4. If it be absolutely necessary to send any marines sick on
shore in foreign parts, they must be treated in the same manner

Tlie paragraphs wliich follow are extracts from records in the East India Company's
Office. The transports Charlotte, ScarVjorough, and Lafly Penrhyn were under charter to
the Company from Botany Bay to Ciiina, wlience they were to carry cargoes of tea to
London,
t Ante, p. 40.

PHILLIP AND THE ADMIEALTY. 49

as seamen ; but the expence to be kept separate, and bills drawn 1787
on the Commissioners for Sick and Hurt for the amount. 23 Feb.

5 and 6. You are at liberty to purchase wine for the use of ^y^^^l
the crews of the Sirius and Supply tender, and to cause the pro- allowed,
visions they may have exj^ended on the passafje to be replaced,
particularly bread and beef, if the same can be purchased at a
reasonable rate.

7 and 8. Their Loi'dships cannot give any directions respecting Nodirec-
the victualling of the convicts, nor for the treatment of them, in v"ctuamiig.
case it should be found necessary to land any of them.

9. Nor can their Lordships authorize you to interfere in the Governor
purchasing any stores or provisions that may be wanted for any SlitM-fJie.
of the transports in the course of the voyage.

10. You are at lilDerty to exchange marines from the garrison Marines
to the Sirius or Supply tender if you judge it for the good of the "xdianacd.
service so to do.

11. 12, and 13. As you will be instructed to follow such orders Fhiiiip to
as you receive through the channel of one of his Majesty's Prin- '^"'''' ^'
cijaal Secretaries of State, on your arrival at Botany Bay, their
Lordships decline answering these articles, not considex-ing them-
selves at liberty to give directions for your conduct subsequent to

your arrival at that place.

14. When Captain Hunter takes charge of the ship's books
and accounts, his certificate thereof to the Navy Board will be
their justification of paying you without passing any further
account. I am, ifec,

Philip Stephens.

Surgeon White to Under Secretary Nepean.

Hungerford Coffee House, Strand,
Sir, Feb'y 27th, 1787. 27Fob.

Finding that the Revd. Mr. Johnston is to be allowed the Appikatir.n
piivaledge of taking with him to Botany Bay a servant, I hope it ''J'' servant.,
will not be deemed unreasonable or improper if I solicite a like
indulgence, whose situation during the voyage will require some
assistance, having no mate on board the ship I take my passage in
— indeed the number of mates will by no means admit of it. The
marine officers generally (and of course will) have servants out of
the ranks, an advantage I can by no means lay claim to or expect.
Being in a ci\il capacity, .and without a servant, my situation
must be truly uncomfortable, onwhich lam persuaded it is needless
to say more, when addressing you, who must know and admit the
inconveniences I shall lie subject to, not only on the passage, but
after landing without one. I have apply'd to Captain Phillip, PiiiHip's
who has no objection, and admits the propriety, if not necessity,
of the re(iuest, Ijut can do nothing in the matter without yr. per-
mission being first obtained The obligation I already owe you

no HISTORICAL EECORDS OF NEW SOUTH WALES.

1787 would prevent my asking any further, were I not encouraged liy
others, and satisfied in my own mind, it cannot meet your dis-
approbation ; with a hope of that being the case, I beg leave to
assure you of my gratitude, esteem, and respect.

I am &c.,

John White.

28 Feb Governor Phillip to Lord Sydney.

My Lord, [London] February 28th, 1787.

Having received the inclosed reports* respecting the
marines and convicts 2iow embarked on board the Alexander and
Lady Penrhyn transports, I beg to submit it to your Lordship
whether it may not be advisable to make some alteration in the
A more provisions, by allowing the marines a proportion of flour in lieu
ration. of a Certain proportion of salt meat, and some addition to the

provisions served to the convicts ; at present a convict has only,
for forty-two days, sixteen pounds of bread, as will appear to
your Lordship by the inclosed list.
Fresh food And I likewise beg leave to solicit your Lordship that orders
Strom' wine ^^^Y ^^® given for the supplying both marines and convicts with
for the siek. f resh meat and vegetables while they remain at Spithead, and that
a small quantity of wine may be allowed for the sick.

I have, &c.,

A. Phillip.
P.S. — I likewise beg leave to represent to your Lordship that
the contractors having a power of substituting half-a-pound of
rice in lieu of one pound of flour will be very severely felt by the
convicts.

Phillip's Views on the Conduct of the Expedition and
THE Treatment of Convicts.!

IhipjTshouM ^"^ arriving at the settlement two or three months before the

prececiethe traiisports many and very great advantages would be gained.

lanspor ■. jj^^^ wovdd be ready to receive the convicts who are sick, and

they would find vegetables, of which it may naturally he

Phillip-s supposed they will stand in "reat need, as the scurvy must make

«or6si"'nt i. i. •/ o ' ./

" ■ a great ravage amongst people naturally indolent and not cleanly.
Huts would be ready for the women ; the stores would be
properly lodg'd and defended from the convicts in such manner
as to pre\ent their making any attempt on them. The cattle and
stock would be likewise properly secured, and the ground marked
out for the convicts; for lists of those intended to be sent
being given to the commanding officers, mentioning their ages,
crimes, trades, and characters, they might be so divided as to
render few changes necessary, and the provisions would be

* The reports are not available,
t Phillip's handwritin":, on small sheets of paper.

Phillip's suggestions. 51

ready for issuing without any waste. But if convicts' provisions, 1787
&c., must be landed a few days after the ship's arrival, and
consequently mostly at the same time, great inconvenience will
arise, and to keep the convicts more than a few days on board
after they get into a port, considering the length of time which
they must inevitably be confined, may be attended with conse-
([uences easier to conceive than to point out in a letter. Add to
this, fevers of a malignant kind may make it necessary to have a
second hospital.

A ship's company is landed, huts rais'd, and the sick provided Convicts not
for in a couple of days ; but here the greatei- nunaljer are convicts, tn,stc<l.
in whom no confidence can be placed, and against whom both
person and provision is to be guarded. Everything necessary for
the settlement should be received at the Cape on board wdth the
commanding officer, and nothing left for the transports but a
certain proportiim of live stock.

I may add, the short space of time left to choose a proper
situation.*

The confineing the convicts on board the ships requires some probabio
consideration. Sickness must be the consequence in so long a- ♦{[g'^yo** ,??
%'oyage (six months may be allow'd for the voyage — that is,
from the time of leaveing England to the arrival in Botany Bay)
and disagreeable consequences may be feared if they have the
liberty of the deck. The sooner the crimes and behaviour of
these people are known the better, as they may be divided, and
the greatest villains particularly guarded against in one trans-
port.

The women in general I should suppose possess neither virtue Care of the
noi* honesty. But there may be some for thefts who still retain ^™'"<'"-
some degree of virtue, and these should be permitted to keep
together, and strict orders to the master of the transport should
be given that they are not abused and insulted by the ship's
c<^impany, which is said to have been the case too often when
they were sent to America.

At the ports we put int(» for water, &c., there may be some What is to be
sick that may have fever of such a nature that it may be neces- i5°"aks outT
sarv for the sake of the rest to remove them out of the shij). In
such a case, how am I to act?

The greatest care will be necessary to prevent any of the con-
victs from being sent that have any venereal complaints.

During tlie passage, when light aii's or calms permit it, T shall .".'jftl^g'"""
visit the transports to see that they are kept clean and i-eceive voya^'c.
the allowance ordered by Government ; and at these times shall
endeavour to make them sensible of their situation, and that
their happiness or misery is in their own hands, — that those who
l)ehave well will be rewarded by being allow'd to work occa-

*The MS. is continued, on foolscap, in another hand— evidently a copy of Phillip's pai)er.

52

HISTORICAL RECORDS OF NEW SOUTH WALES.

Defence
ajrainst the
natives.

with them,
if possible.

1787 sioually on the small lotts of land set ajDart for them, and which
they will be put in possession of at the expiration of the time for
which they are transported.

On landing in Botany Bay it will be necessary to throw up a
slight work as a defence against the natives — who, tho' only seen
in small numbers by Captn. Cook, may be very numerous on other
parts of the coast — and against the convicts ; for this my own
little knowledge as a field engineer will be sufficient, and will be the
work of a few days only ; but some small cannon for a redoubt
will be necessary. Within the lines the stores and provisions will
be secured ; and I should hope that the situation I should be able
to take may admit of having the small rivers between the garrison
and the convicts so situated that I may be able to prevent their
having any intercourse with the natives.
Jiaivc friends I shall think it a great point gained if I can proceed in this
business without having any dispute with the natives, a few of
which I shall endeavour to pursuade to settle near us, and who I
mean to furnish with everything that can tend to civilize them,
and to give them a high opinion of the new guests, for which
purpose it will be necessary to prevent the transports' crews from
having any intercourse with the natives, if possible. The convicts
must have none, for if they have, the arms of the natives will be
very formidable in their hands, the women abused, and the natives
disgusted.

The keeping of the women apart merits great consideration,
and I don't know but it may be best if the most abandoned are
permitted to receive the visits of the convicts in the limits allotted
them at certain hours, and under certain restrictions ; something
of this kind was the case in Mill Bank formerly. The rest of the
women I should keep apart, and by permitting the men to be in
their company when not at work, they will, I should suppose,
marry, in which case they should be encouraged, if they are
industrious, by one day in the week more than the unmarried on
their own lotts of ground.

The natives may, it is probable, permit their women to marry
and live with the men after a certain time, in which case I should
think it necessary to punish with sevei^ity the men who use the
women ill, and I know of no punishment likely to answer the
purpose of deterring others so well as exiling them to a distant
spot, or to an island, where they woxild be ol^liged to work hard
to gain their daily subsistance, and for which they would have the
necessary tools, but no two to be together, if it could be avoided.

Rewarding and punishing the convicts must be left to the
Governor; he will be answerable for his conduct, and death, I
should think, will never be necessary — in fact, I doubt if the fear
of death ever prevented a man of no principle from committing a
bad action. There are two crimes that would merit death —

Marriage
hhould lie
oiicoura"ed.

Intermarry-
inj,' with
natives.

Rewards
and i)uriisl'.'
nieuts.

Phillip's srcGESTioxs. 53

murder and sodomy. For either of these crimes I would wish to 1767
conline the criminal till an opportunity offered of deliverincr him
as a prisoner to the natives of ^^ew Zealand, and let them eat him.
The dread of this will operate much stronger than the fear of death.

As the getting a large quantity of stock together will be my Preservation
first great object, till that is obtained the garrison should, as in °^ ''*°'^^-
Gibraltar, not be allowed to kill any animal without first report-
ing his stock, and recei^dng permission. This order would only
be necessary for a certain time, and I mention it here only to
show the necessity of a military government ; and as I mean in
every matter of this kind to sett the example, I think that I can
say this will never occasion any uneasiness, but if it should, it
will be absolutely necessary, otherwise we shall not do in ten
years what I hope to do in four.

Women may be brought from the Friendly and other islands, Womenfrom
a proper place prepared to receive them, and where they will be *^® >^iands.
.'supported for a time, and lots of land assigned to such as marry
with the soldiers of the orarrison.

As I v\^ould not wish convicts to lay the foundations of an Convicts
empire, I think they should ever remain separated from the £,'latea*-
garrison, and other settlers that may come from Europe, and not
be allowed to mix with them, even after the 7 or 14 years for
which they are transported may be expired.

The laws of this country will, of course, be introduced in [New] Xo slavery,
.South Wales, and there is one that I would wish to take place
from the moment his IMajesty's forces take possession of the coun-
try : That there can be no slavery in a free land, and conse-
quently no slaves.

The cloathing for the convicts will last for a certain time, after How are the
which ^\•hat means should I have of furnishing them with materials brclo*thed"?
for their making their own cloaths ?

It will be necessary to know how far I may permit the seamen Land grants.
and mariiies of the garrison to cultivate spots of land when the
duty of the day is o^•er, and how far I can give them hopes that
the grounds they cultivate will be secured to them hereafter ;
likewise, how far I may pemiit any of the garrison to remain,
when they are ordered Home in consequence of relief.

By what I am infoi-med, hatchets and beads are the articles for
liarter — a few small gr'indstones for the chiefs ; and as they use a JheTatfvTs.
light they hold it in their hands, small tin lamps on a very simple
construction must be very acceptable.

Ships may arrive at Botany Bay in future. On account of ^ . ^
the convicts, the orders of the port for no boats landing but in reJuTatlous.
particular places, coming on shore and returning to the sliips at
stated hours, must be sti-ictly inforced.

The saddles I mentioned will be absolutely necessary, for two ^^ .„„,.„

r, -n • 1 • 1. 1 ■ Exploration,

Jiorsemen will examine the country to a certam distsmce, when it

HISTORICAL RECORDS OF NEW SOUTH WALES.

1787

Friiit-trees.

Houses.

Articles for
barter.

might be dangerous to attempt it Avith half the garrison, for I am
not of the general opinion that there are very few inhabitants in
this country, at least so few as have been represented — but this
article I take upon myself, as likewise the knifes, &c., that I
mentioned.

Such fruit trees and cuttings that will bear removing should be
added to the seeds carried from England, as likewise roots that
will bear keeping that length of time out of the ground.

Two or three of the houses in question will be highly necessary,
and there is no time to lose in giving the orders, if intended.

A certain quantity of the articles of husbandry, stores, corn,
seeds, &c., of the articles for traffick, should be put on board the
Berwick,* that in case of an accident we may not be in immediate
want of those things, and the same on board the store-ship in
which the Lt.-Gouvrnour goes.

1 March.

The Gover-

!ior'sinstruc-

tions.

Purcliase of
wine.

A hospital
ship.

Fresh meat
.ind vege-
tables.

Exchange of
meu.

Officers.

Discharge of

unnecessary

officers

Governor Phillip to Under Secretary Nepean.

Sir, [London] March 1st, 1787.

From the letter I have i-eceived from the Admiralty, and
of which I enclose a copy,! y<»ii "^^ill see that respecting my 11th,
12th, 13th queries the Board decline giving any answer. As I
am to be entirely under the direction of the Secretary of State,
immediately after I arrive on the coast of New South Wales, for
what regards the Naval Department, as well as respecting the
settlement, from the Board's answer to these queries, as well as
snnilar answers to several others of the same nature, I must re([uest
your particular attention to the following circumstances in draw-
ing up my instructions : —

That I am directed to order wine to be purchased in the passage,
at Tenerifie, or where it can be procured; for circumstances may
prevent my taking on board the quantity intended, at Teneriffe, or
perhaps any part of it, and it may be got at the Cape or elsewhere.

That I may employ one of the transports as an hospital ship, if
I find it necessaxy on the passage.

To order the marines and convicts to be supply'd with fresh
meat and vegetables at such places as I may stop at in the passage,
and to order the Commissary to draw bills on the Treasury for
such supplies.

That I have the power of exchanging any part of the garrison
with the marines embark'd on board the ships, or of incorporating
the marines now Ijelonging to the ship with those of the garrison,
if the service requires it.

That I am directed to appoint officers to fill such stations as
may become vacant by death or otherwise.

That I am directed to discharge from the ship such officers and
men as may not be necessary for the navigating of the ships, and

* Renamed the Sirius. Ante, p. 24. f Ante, p. 48.

Phillip's suggestions. 55

which may be necessaiy in the garrison, such people being desirous 1787
of remaining in the settlement. i March.

That I make the settlement in such port as I may find the"most The place of
convenient and best to answer the intentions of Government. settlement.

That I send one of the ships to Charlotte Sound, in the Island Bread-fmit
of New Zeland, for the flax-plant, and to the Friendly Islands ^vomelr*^
for the bread-fruit, and, as women will be there procured, that
I put an oflicer on board such transport.

That the terms by which lands are to be granted are pointed Land grants,
out by the article which gives me the power of granting lands.

That I have a power of exiling to New Zealand or the neigh- Power of
bouring islands any convict that may be condemned to death. ^^^^^

That I have the power of emancipation. ^"Jf""'^*"

The power of suspending and sending home such officer who suspension,
from his situation cannot be tried by a court-martial.

That in case of sending home the Sirius I have orders from x^e naval
the Secretary of State to take the command of such ships or commami.
vessels as remain on the coast, by hoisting a distinguishing pendant
on board such ship or tender as I may judge necessary (such
pendant not to give me any claim to the pay of a commanding-
officer), in order to retain the command by sea, to be more at
liberty to visit the coast, and to retain the command of the ships
or vessels that I'emain.

That I have a power to change the species of provisions served A better
to the marines and convicts, for if salt meat is issued, without [j^g^gj^
any pi'(jportion of flour, as has been hitherto done by the con-
tractor to the marines embarked on board the Alexander, the
scurvy must prove fatal to the greatest part. Of the marines
already embarked two months, one in six are sent to the hospital
since that ships arrival at Spithead.* I am, ifec, "*

A. Phillip.

Secretary Stephens to The Navy Board.
Gentlemen, 2nd March, 1787. 2 March:

I am commanded by my Lords Commrs. of the Admty. to
signify their direction to you to order the masters of the several
transports and store-ships named on the other side hereof to put
themselves under the command of Capt. Philip (or in his absence. The First
of Capt. Hunter), of his Majesty's ship the Sirius, and fijllow his ^^ '
orders for their future proceedings. I am, tfec,

P.S.
Vessels : —
Alexander Borrowdale

Lady Penryhn Golden Grove

Scarborough Fishburn

Chailotte Prince of Wales

Friendship

• See Lord Sydney's reply ; post, pp. 82-83.

56

HISTORICAL RECORDS OP NEW SOUTH WALES.

1787

3 March.

Provisions.

Secretary Stephens to Captain Marshall.*
Sir, 3rd March, 1787.

Having communicated to my Lords Commissioners of the
Adm'ty your letter of yesterday's date, acquainting them that
. . fearing the weather might continue bad you had applied to Com-
Thc Gordon, missioner Martin for the Gorgon, the ship which he had appointed
for the reception of the convicts, to be fitted with as much security
as the time would possibly admit, and that you had been obliged to
embark them on board her, and had given orders for their guard and
security, similar to those issued when the Firm hulk receives such
people, I am commanded by their Lordships to acquaint you that
they approve thereof, and Lord Sydney, one of his M'y's. Princi-
pal Sec'rys of State, having desired that as the said convicts, as
well as the marines who have been appointed to guard them, will
stand in immediate need of a supply of provisions for their subsist-
ence until they can be sent out to the Motherbank, which Mr.
Townshend, who is charged with the care of them, cannot
conveniently procure, orders may be given for the said marines
and convicts being supplied with such provisions from one of his
Majesty's ships in Portsmouth harbour, as Mr. Townshend shall
require, upon his settling with the purser for the amount thereof,
and that as the boiling of the meat with which they are supplied
on board of the ship wherein they are now confined will most
likely be attended with difficulty, the meat may l^e dressed on
board the ship from whence the same shall be supplied, I am
comra'd by their Lordships to signify their direction to you to give
the necessary orders conformable thereto.

The enclosed letter from Lord Sydney to Mr. Townshend, f upon
the subject, you will be pleased to cause to be delivered to him.

I am, &c.,
P.S.

Governor Phillip to Lord Sydney.

My Lord, [London] March 12th, 1787.

As the Navy Board have informed me that no alteration
can be made respecting the victualling of the marines during the
passage, it is to prevent my character as an officer from being
called in question, should the consequences I fear be realized, that
I once more trouble your Lordship on this subject.

The contracts for the garrison and convicts were made before
I ever saw the Navy Board on this business, and tho' I never
have had it in my power officially to interfere in any respect, yet
I have repeatedly pointed out the consequences that must be
expected from the men's being crowded on board such small
ships, and from victualling the marines according to the contract,

* One of the Commissioners of the Victualling Department,
t Not recorded.

12 March.

Bad victual
ling— a
warning.

Phillip's iiemoxstr\nces. 57

which allows no flour, as is customary in the Navy. This must
be fatal to many, and the more so as no anti-scorbutics are allowed 17S7
on board the transports for either marine or convict ; in fact, my ^o March
Lord, the garrison and convicts ai'e sent to the extremity of the
globe as they would be sent to America — a six-weeks' passage.

I see the critical situation I may be in, after losing part of the
garrison that is at present very weak when the service for which
it is intended is considered ; but I am prepard to meet difficulties,
and I have only one fear — I fear, my Lord, that it may be said
hereafter the officer Avho took charge of the expedition should
have known that it was more than probable he lost half the
garrison and convicts, crowded and victualled in such a manner
for so long a voyage. And the public, believing it rested with Phillip
me, may impute to my ignorance or inattention what I have never l-ei^ponsl.
been consulted in, and which never coincided with my ideas, to ^'■^^^y-
avoid which is the purport of this letter ; and I flatter myself
your Lordship will hereafter point out the situation in which I
have stood thro' the whole of this business should it ever be
necessary. I have, &c.,

A. Phillip.

Major Ross to Under Secretary Nepean.

Sir, Portsmouth, Uth March, 1787. uiiardn

I yesterday muster'd the convicts on board the different Muster of
transports at the Mother Bank. The enclosed lists* are exact as convicts.
to numbers, and the most correct I could get from them of their
names. I hope it will answ'r all your purposes, and if there is
anything else wanted you will please to let me know, and I shall
have pleasure in obeying your commands. Perhaps you would
wish to have similar lists of those on board the ships from
Plymouth ; if you do, you have only to let me know.

I have great pleasure in informing you that the convicts seem The convicts
perfectly satisfied and obedient. They wish, if possible, to be o'[fjj^e,^t^"'^
allowed more bread than is at present served them — taking off as
much, if so, of the allowance of their salt provisions, as may be
equal in value.

You are too well acquainted with the consequences attending Xheirhealih.
the being kept long upon a diet of salt provisions to need my
saying anything upon that head, being well convinced that what-
ever can be done for the preservation of health will be done by
you.

I likewise beg to observe to you that the contractors for No flour,
victualling the marines have not put any flour on board the
transports for their use, and of course, as they are the only people
deprived of that necessary article, which I have reason to Ijelieve
was never intended to be the case, may I request that. you will

* In the lists are given fictitious and real names. Among the fictitious are — " Black Jack,"
" Bone," " Gash," " Major," ^c.

58

HISTOKICAL IlECORDS OF NEW SOUTH WALES.

1787 use your endeavours to get the uiistake rectified, as you know that
14 Jiaivh. the preservation of their health is of the utmost consequence on
the present occasion. I have, &c.,

R. Ross.

17 March

Sick men
be dis-
charged.

Secretary Stephens to The Navy Board.
Gent., Admiralty, 17 March, 1787.

Having communicated to my Lords Comm'rs of the Adm'ty
your letter of yesterday's date, informing them of the arrival of
the two convict ships from Plymouth, of the Cynet [Cygnet], sloop,
having made the signal for sailing, and of Captain Hunter, of the
Sirius, having applied to you to know what to do with respect to the
eleven men sick on shore, should he go to sea, having very little
reason to expect their return to their duty, and requesting, there-
fore, that you may know their Lordships' pleasure thereon, and
Avhether you are to consider the Supply, tender, in the same
situation • and, in return, I am comm'd by their Lordships to
to signify their direction to you to cause the men sent sick on shore
from the said ship and tender to l^e discharged, and to endeavour
to supply their jjlaces by volunteei's from the guard-ship, agreeable
to what is contained in my letter to you of the 26th of last month.

I am, «fcc.,
P.S.

18 March.

Aiiti-

scorltutics

necessarv.

Bad pro-
visioning.

GovERXOR Phillip to Under Secretary Nepeax.*
Dear Sir, [London] March 18th, 1787.

A letter which I have received from the surgeon states
the situation of the convicts to be such that I am under the
necessity of requesting you to lay their case before Lord Sydney,
that directions may be given to the Commissioners of the lISTavy
for ordering lighters from Portsmouth yard to the Alexander, to
i^eceive the convicts while the ship is cleaned and smoaked, and
tho' I have so often solicited that essence of malt or some anti-
scorbutic may lie allowed, I cannot help once more repeating the
necessity of it ; and, putting the convicts out of the question,
wliich humanity forbids, the sending of the marines that are on
board the transports such a voyage as they are going, in a worse
state than ever troops were sent out of the Kingdom, even to the
nearest garrison (for taking off the tonnage for the provisions
of stores, they have not one ton and a half a man) cannot, I
am certain, be the intention of liis Majesty's Ministers, yet it is
absolutely the case, and I have repeatedly stated this fact. Fresh
meat for all the convicts and wine for the sick I was informed had
been ordered in consequence of the representation I made as soon
as the ships got round to Portsmouth, but the sick only have fresh
meat. Wine, at the discretion of the surgeon, is very necessary for
the sick, as the convicts are not allowed anything more than water.

* A private letter.

DEFECTIVE ARRANGEMENTS. 59

The necessity of making one of the transports an hospital ship
is obvious, and, I think, cannot 1)6 deferred. The Friendship, as i^ March,
liaving the smallest number of convicts on board, I propose for
that purpose.

The giving cloaths to those convicts who have been embarked Comiots'
at Plymouth is so very necessary that I have ordered it to be '^ ° '"='
done, and presume the Navy Board will replace the cloathing,
but as there are more convicts to be sent on board the different
shijjs, unless orders are being given for their being washed and
cloathed on their leaving the prison or the hulks, all that we may
do will be to no purpose.

These complaints, my dear sir, do not come unexpected, nor Dan-er
were they unavoida])le. I foresaw them from the beginning, and =^^ead.
repeatedly pointed them out, when they might have been so easily
prevented, at a very small expense, and with little trouble to
those who have had the conducting of this business. At present
the evils complained of may be redressed, and the intentions of
Goverimient by this expedition answered. But if now neglected,
it may be too late hereafter, and we may expect to see the seamen
belonging to the transports run fi'om the ships to avoid a fatal dis-
temper, and may he refused entrance into a foreign port.

The situation in which the magistrates sent the women on -riie women
board the Lady Penrhyn, stamps them with infamy — tho' almost ^"'V'Sj!^.'"^
naked, and so very lilthy, that nothing but clothing them could
have prevented them from perishing, and which could not be done
in time to prevent a fever, which is still on board that ship, and
where there are many venereal complaints, that must spread in
spite of every precaution I may take hereafter, and will bo fatal
to themselves. There is a necessity for doing something for the
young man who is on board that ship as surgeon, or I fear that Their

. . . 1 helpless

we shall lose him, and then a hundred women will be left without condition,
any assistance, several of them with child. Let me repeat my
desire that orders immediately may be given to inci'ease the
convict allowance of bread. 16 lb of l)read for 42 days is very
little.

To supjily all tliH convicts with fresh meat while tliey remain Fresh moat
at Portsmouth, the sick with some small quantity of wine. *" *"*^'

Lighters to Ije ordered to attend the Alexander wliile that Care of the
sliip is smoaked, etc. To wash and cloath the convicts that are
still to be sent down before they are put on board the transports,
and to have one of the transports ordered to serve as an hospital
ship.

This is a long letter, but it is my duty to repeat complaints,
that may be redressed, and which I am certain you desire ('([ually
with myself. I I'emain, &:c.,

A. PlIILLll'.

60

HISTORICAL EECOEDS OP XETT SOrTH WALES.

i"87 Secretary Stephens to The Navy Board.

20 March. Gent'n, Admiralty, 20th Mar., 1787.

Having communicated to my Lords Comm'rs of the Adm'ty
your letter of the 16th inst., enclosing a copy of one from the
The Supply, master and surgeon of the Supply, armed tender, relative to the
alterations which Lt. Ball, the commander, had caused to be made
in the accommodation provided for them, I am commanded by
their Lordships to acquaint you that they have signihed to Lt.
Ball their disapprobation thereof, and ordered him to cause the
accommodation for those officers to be restored to the state in
which they were fitted under your direction.* I am, &c.,

P. S.

22 March.

Portable
soup for
Su-ius.

23 March.

Lieut. Riou.

Sick men dis.
charged pre-
maturely.

29 Jlarch.

Governor Phillip to Secretary Stephens.

[London] Thursday morning, 22nd March, 1787.
Captain Phillip presents his compliments to Mr. Stephens, and
as it is probable the ship's company will be on salt provisions for
some months after they arrive on the coast of New South AVales,
will be glad of two hundred pounds of portable soup, in addition
to the fifty pounds already supply'd. 1 am, (tc,

A. Phillip.

Secretary Stephens to Captain Marshall.
Sir, Admiralty, 2.3 March, 1787.

Having communicated to my Lords Comm'rs of the
Adm'ty your letter of yesterday's date, enclosing one from
Captain Gower, of the Salisbury, requesting a month's leave
of absence for Lt. Riou,t of the said ship, to attend his
private afi^airs, and informing their Lordships of your having
ordered Captain Hunter, of the Sirius, and Lieutenant Ball, of
the Supply, tender, to cUscharge the men they had put sick on
shore, and that they are now completing their complements from
their guard-ships, I am, in return, comm'd by their Lordships to
acquamt you that they are pleased to permit you to give Lieut.
Riou the leave of absence desired, but that it was not their
intention the sick men should have been discharged from the
Sirius and Supply, and other men appointed to suj)ply their places,
nor did they apprehend you would have given orders for that
purpose, until the said ship and tender had received their sailing
orders. I am, etc.,

P.S.

Secretary Stephens to Captain Marshall.

Sir, A^lmiralty, 29th March, 1787.

Having laid before my Lords Comm'rs of the Admiralty

your letter of the 27th inst., informing them of the sailing of the

Winchelsea from Spithead, and enclosing a letter which you had

received from Lieut. Ball, commanding his Majesty's armed

* Post, p. 61.

t Afterwards commander of the Guardian.

THE SmiUS AND THE SUPPLY. 61

tender Supply, desiring, for the reasons therein stated, that an 1787
enquiry may be made into his conduct respecting the victualling 29 March.
the said tender, I am commanded " by their Loi'dships to return victuaiTin'^
you the said letter herewith, and to signify their direction to you the Supply.
to take to your assistance some of the captains of the ships under
your command, and to cause a particular enquiry to be made into
what is therein represented, reporting to me, for their Lordships'
information, how the same shall appear to be judged necessary.
I am, &c., P,S.

Secretary Stephens to The Navy Board.
Genl'n, Admiralty, 2nd April, 1787. 2 April.

My Lords Comm'rs of the Admiralty having directed
Captain Hunter, of his Majesty's ship the Siiius, to make enquiry
concerning the alterations made in the apartments of the master
and surgeon of the Supply, tender, whose complaint thereof you
enclosed to their Lordships in your letter of the 16th ult., I am
comm'd to send you a copy of Captain Hunter's letter in answer
thereto, and to aquaint you that my Lords have dii'ected him to ^ ground-
reprimand the master and surgeon for having made so groundless '^^s char-;e.
a charge against the lieutenant of the Supply.* I am &c.,

P.S.

Secretary Stephens to Captain Marshall.
Sir, Admiralty, 3rd April, 1787. 3 April.

Having laid before my Lords Comm'rs of the Adm'ty the
report of the captains who, in consequence of their Lordships'
directions to you in my letter of the 29th ult., you assembled to
enquire into the conduct of Lieut. Ball, commanding his Majesty's
armed tender the Supply, respecting the victualling the said ten-
der, I am commanded to acquaint you that their Lordships have oJ^fhg'i.ul^
sent a copy thereof to the Navy Board, for their information, and piy !;ui)er-
as they deem the master an improper person to be continued in '*'^ '^ '
the tender, they have directed them to appoint a proper person to
supercede him. I am, (tc, P.S.

Phillip's Commission.!
Arthur Phillip Esqre )

Governor of New South Wales, j
George the Third l)y the Grace of God King of Great Britain France 2 April.
and Ireland Defender of the Faith &c. to our right trusty and
well-beloved Councillor Edward Lord Thurlow Baron Thurlow
our Chancellor of Great Britain greeting :■■-
Wee will and conmiand that under our Great Seal of Great Britain Letters
(remaining in your custody) you cause these our letters to be made I'^^tont.

* Ante, p 60.

t Phillip was appointed Governor of New South Wales 12th October 178C, when a commis-
Bion, bricHy worUtd, was »it;ned. Ante, p. 21.

G2 HISTORICAL HECORDS OF NEW SOUTH WALES.

1787 forth patent in form following : George the Third by the Grace of
2 A))rii God of Great Britain France and Ireland King Defender of the
Faith etc.
To our trusty and well-beloved Arthur Phillip Esquire.

Wee reposing especial trust and confidence in the prudence
courage and loyalty of you the said Arthur Phillip of our especial
grace certain knowledge and meer motion have thought fit to
constitute and appoint and by these presents do constitute and
appoint you the said Phillip to be our Captain-General and
Governorof Governor-iu-Chief in and over our territory called New Soutli

New South ,.» ^ -K-r 1 /-H -PI

Wales. \\ ales extending from the JNorthern Uape or extremity oi the coast

called Cape York in the latitude of ten degrees thirty-seven
minutes south to the southern extremity of the said territory of
New South Wales or South Cape in the latitude of forty-three

Limitsofthe degrees thirty -nine minutes south and of all the country inland
em or\. -westward as far as the one hundred and thirty-fifth degree of east
lonoitude reckoning from the meridian of Greenwich including
all the islands adjacent in the Pacific Ocean within the latitudes
aforesaid of ten degrees thirty-seven minutes south and forty-
three degrees and thirty-nine minutes south and of all towns
garrisons castles forts and all other fortifications or other military
works which may be hereafter erected upon the said territory or any
of the said islands.

And Wee do hereby require and command you to do and execute

The Oover- j^n things in due manner that shall belong to your said command

nor to be ~ o ♦/

guided bv and trust Wee have reposed in you according to the several powers

slon ancT"^' ^^^^ directions granted or appointed you by this present Commis-

instructions. sion and the instructions and authorities herewith given to you or

by such further powers instructions and authorities as shall at any

time hereafter be granted or appointed you under our signet and

sign manual or by our order in our Pri^y Council

And our will and pleasure is that you the said Arthur Phillip
after the publication of these our letters patent do in the first
oath^^^^ *''^ place take the oaths appointed to be taken by an Act passed in
the first year of the reign of King George the First intituled
" An Act for the further security of his Majesty's person and
Government and the succession of the Crown in the heirs of the
late Princess Sophia being Protestants and for extinguishing the
hopes of the pretended Prince of AVales and his open and secret
abettors " as altered and explained by an Act passed in the sixth
year of our reign intituled " An Act for altering the oath of
abjuration and the assurance and for amending so much of an
Act of the seventh year of her late Majesty Queen Anne intituled
" An Act for the improvement of the Union of the two Kingdoms
as after the time therein limitted requires the delivery of certain
lists and copies therein mentioned to persons indicted of High
Treason or misprision of Treason."

Phillip's commission. G3

As also that you make use and subscribe the declaration men- 1787
tioned in Act of Parliament made in the twenty -fifth year of the 2 April,
reign of King Charles the Second intituled " An Act for preventing ^° p°p^''^^'
dangers which may arise from Popish Recusants."

And likewise that you take the usual oath for the due execution Oath of
of the office and trust of our Captain-General and Governor-in- °
Chief in and over our said territory and its dependencies for the
due and impartial administration of justice.

And further that you take the oath required to be taken by Trade and
Governors in the plantations to do their utmost that the several lUs?'
laws relating to trade and the plantations be duly observed.
Which said oaths and declaration our Judge- Advocate in our said
territory is hereby required to tender and administer unto you and
in your absence to our Lieutenant-Governor if there be any upon
the place.

All which being duly performed you shall administer unto our
Lieutenant-Governor if their be any upon the place and to our
Judge-Advocate the oaths mentioned in the lirst-recited Act of
Parliament altered as above as also cause them to make and sub-
scribe the afore-mentioned declai'ation.

And Wee do hereliy authorize and empower you to keep and
use the public seal which will be herewith delivered to you or
shall be hereafter sent to you for sealing all things whatsoever that public seal,
shall pass the Great Seal of our said territory and its dependencies.

Wee do further give and grant unto you the said Arthur Phillij)
full power and authority from time to time and at any time here-
after by yourself or by any other to be authorized by you in that
behalf to administer and give the oaths mentioned in the said first- Power to
recited Act of Parliament altered as above to all and every such o^tii'"'^**^'
person or persons as you shall think fit who shall at any time or
times pass into our said territory or its dependencies or shall be
resident or al)iding therein.

And Wee do hereby authorize and- empower you to constitute
and appoint justices of the peace coronors constables and other
necessary officers and ministers in our said territory and its depend- power to
encies for the better administration of justice and putting the law ^^','^j°"^,*
in execution and to administer or cause to be administei-ed unto
tliom such oath or oatlis as are usually given for the execution
and portormance of offices and places.

And Wee do hereby give and grant unto you full powei- and
authority where you shall see cause or shall judge any ofi'endcr or
oftenders in criminal matters or for any fine or fines or forfeitures
due inito us fit objects of our mercy to pardon all such olFenders and To pardon
to remit all such offences fines and forfeitures treason and wilful '
murder only excepted in which cases you shall likewise have power
uj)()n extraordinary occasions to grant reprieves to the offenders reprieve,
untill and to the intent our royal pleasure may be known therein.

C4

HISTORICAL EECOEDS Or XEW SOnil WALES.

1787
2 April.
Lunatics.

Custody of
lunatics and
their estates.

Grants and

coiniuit-

ments.

Power to
levy forces
for defence.

Pirates and
rebels.

Martial law.

And whereas it beiongetli to us in right of our Royal Pi-erogative
to have the custody of ideots and their estates and to take the
profits thereof to our own use finding them necessaries and also to
provide for the custody of lunaticks and their estates without
taking the pi'ofits thereof to our own use.

And whereas while such ideots and lunaticks and their estates
remain under our immediate care great trouble and charges may
arise to such as shall have occasion to resort unto us for directions
respecting such ideots and lunaticks and their estates Wee have
thought fit to entrust you with the care and committment of the
custody of the said ideots and lunaticks and their estates and Wee
do by these presents give and gi'ant unto you full power and
authority without expecting any further special warrant from us
from time to time to give order and warrant for the preparing of
grants of the custodies of such ideots and lunaticks and their
estates' as are or shall be found by inquisitions thei-eof to be taken
by the Judges of our Court of Civil Jurisdiction and thei'eupon to
make and pass grants and committments under our Great Seal of
our said territory of the cu.stodies of all and every such ideots and
lunaticks and their estates to such person or persons suitors in that
behalf as according to the rules of law and the use and practice in
those and the like cases you shall judge meet for that trust the said
grants and committments to be made in such manner and form or as
nearly as may be as hath been heretofore used and accustomed in
making the same under the Great Seal of Great Bi-itain and to con-
tain such apt and convenient covenants provisions and agreements
on the parts of the committees and grantees to be performed and
such security to be by them given as shall be requisite and needful.

And Wee do hereby give and grant unto you the said Arthur
Phillip by yourself or by your captains or commanders by you to
be authorized full power and authority to levy arm muster and
command and employ all persons whatsoever residing within our
said territory and its dependencies under your government and as
occasion shall serve to march from one place to another or to
embark them for the resisting and withstanding of all enemies
pirates and rebels both at sea and land and such enemies pirates
and rebels if there shall be occassion to pursue and prosecute in or
out of the limits of our said territory and its dependencies and (if
it shall so please God) them to vanquish apprehend and take and
being so taken according to law to put to death or keep and
preserve alive at your discretion.

And to execute martial law in time of invasion or other times
when by law it may be executed and to do and execute all and
every other thing and things which to our Captain-General and
Governor-in-Chief doth or ought of right to belong.

And Wee do hereby give and grant unto you full power and
authority to erect raise and build in our said territory and its

Phillip's commission. 65

dependencies such and so many forts and platforms castles 1787
cities boroughs towns and fortifications as you shall judge 2 April,
necessary and the same or any of them to fortify and furnish portifica-
with ordnances and ammunition and all sorts of arms fit and tions.
necessary for the security and defence of the same or any of them
to demolish or dismantle as may be most convenient.

And forasmuch as divers mutinies and disorders may happen
by persons shipped and employed at sea during the time of war
and to the end that such as shall be shipped and employed at sea
during the time of war may be better governed and ordered Wee
do hereby give and grant unto you the said Arthur Phillip full Naval
power and authority to constitute and appoint captains lieuten- '^^^'^'P'""^-
ants masters of ships and other commandei's and officers and to
grant to such captains lieutenants masters of ships and other
commanders and ofiicers commissions to execute the law-martial
during the time of war according to the directions of an Act Martial law,
passed in the twenty-second year of the reign of our late royal
grandfather intituled "An Act for explaining amending and
reducing into one Act of Parliament the laws relating to the
government of his Majesty's ships vessels and forces by sea as
the same is altered by an Act passed in the nineteenth year of
our reign intituled an Act to explain and amend an Act made
in the twenty-second year of the reign of his late Majesty King
(reorge the Second intituled an Act for amending explaining
and reducing into one Act of Parliament the laws relating to the
government of his Majesty's ships vessels and forces by sea."

And to use such proceedings authorities punishments corrections Punishmrnt
executions upon any offender or offenders who shall be mutinous °^ offendtis.
sf^ditious disorderly or any way unruly either at sea or during the
time of their abode or residence in any of the ports harbours or
bays of our said territory as the case shall be found to require
according to martial law and the said directions during the time
of war as aforesaid.

Provided that nothing herein contained shall be construed to
tlie enabling you or any by your authority to hold plea or have
any jurisdiction of any offence cause matter or thing committed or No jurisdic-
done upon the high sea or within any of tlie havens rivers or *'2" ^'^^'^
creeks or our said territory and its dependencies under your comuiittc'i
Government by any captain commander lieutenant master officer <'"*'^^*"°'*
seaman soldier or other person whatsoever who shall bo in
actual service in pay in or on board any of our ships of war or
other vessels acting by immediate commission or warrant from
our Commissioners for executing the office of our High Admii-al
of Great Britain or from our High Admiral of Great Britain for
the time being under the seal of our Admiralty,

Jiut that such captain commander lieutenant master officer
seaman soldier or other person so offending shall be left to be
p

seas.

66

niSTOP.ICAL r.ECOUDS OF NEW SOUTH WALES.

1787

2 April.

Offenders
oil the high
f eas to be
tried by
Commis-
sion.

Offences
committed
on shore by
officers or
men belong-
ing to the
Navy

to be

dealt with
on shore.

Public
moneys.

Power to
grant land.

proceeded again.st and tried as the merits of their offences shall
require either by commission under our Great Seal of Great
Britain as the statute of the Twenty-eighth of Henry the Eighth
directs or by commission from our Commissioners for executing
the office of our High Admiral of Great Britain or from our High
Admiral of Great Britain for the time being according to the
aforesaid Act intituled " An Act for amending explaining and
reducing into one Act of Parliament the laws relating to the
Government of his Majesty's ships vessels and forces by sea " as
the same is altered by an Act passed in the nineteenth year of
our reign intituled " An Act to explain an Act made in the
twenty-second year of his late Majesty King George the Second
intituled ' An Act for amending explaining and reducing into one
Act of Parliament the laws relating to the Govei*nment of his
Majesty's ships vessels and forces by sea.' "

Provided nevertheless that all disorders and misdemeanors com-
mitted on shore by any captain commander lieutenant master
officer seaman soldier or any other person whatsoever belonging
to any of our ships of war or other vessels acting by immediate
commission or warrant from our Commissioners for executing the
office of our High Admiral of Great Britain or from our High
Admiral of Great Britain for the time being under the seal of
our Admiralty may be tried and punished according to the laws
of the place where any such disorders offences and misdemeanors
shall be committed on shore notwithstanding such offender be in
our actual service and borne in our pay on board any such our ships
of war or other vessels acting by immediate commission or warrant
from our Commissioners for executing the office of our High Admi-
ral of Great Britain or from our High Admiral of Great Britain
for the time being as afoi-esaid so as he shall not receive any pro-
tection for the avoiding of justice for such offences committed on
shore from any pretence of his being employed in our service at sea.

Our will and pleasure is that all public monies which shall be
raised be issued out by warrant from you and disposed of by you
for the support of the Government or for such other purpose as
shall be particularly directed and not otherwise.

And Wee do hereby likewise give and grant unto you full power
and authority to agree for such lands tenements and heredita-
ments as shall be in our power to dispose of and them to grant to
any person or persons upon such terms and under such moderate
quit rents services and acknowledgments to be thereupon reserved
unto us according to such instructions as shall be given to you
under our sign manual which said grants are to pass and be
sealed by our seal of our said territory and its dependencies and
being entered upon record by such officer or officers as you shall
appoint thereunto shall be good and effectual in law against iis
our heirs and successors.

Phillip's co:mmissiox. 67

And Wee do hereby give you the said Arthur Phillip full power 1787
to appoint fairs marts and markets as also such and so many ports 2 April,
harbours bays havens and other places for conveniency and^^^ — :.
security of shipping and for the better loading and unloading of fairs and
goods and merchandizes as by you shall be thought fit and necessary'. °^^'^'^'''8-

And Wee do hereby require and command all officers and minis-
ters civil and military and all other inhabitants of our said territory
and its dependencies to be obedient aiding and assisting you the said
Arthur Phillip in the execution of this our commission and of the
powers and authorities herein contained and in case of your death
or absence out of our said territory to be obedient aiding and assist-
ing to such person as shall be appointed by us to be our Lieutenant- General
Governor or Commander-in-Chief of our said territory and its depen- J'^^s^iittion.
dencies to whom Wee do therefore by these presents give and grant
all and singular the powers and authorities herein granted to be by
him executed and enjoyed during our pleasure or until your arrival
within our said territory and its dependencies.

And if upon your death or absence out of ovir said territory and Provision
its dependencies there be no person upon the place commissioned [nVffi-e"*^^
or appointed by us to be o\ir Lieutenant-Governor or Commander-
in-Chief of our said territory and its dependencies our will and
})leasure is that the officer highest in rank who shall be at the
time of your death or absence upon service Avithin the same and
who sliall take the oaths and subscribe the declaration appointed
to be taken and subscribed by you or by the Commander-in-Chief
of our said territory and its dependencies shall take upon him the
administration of the Government and execute our said commission
and instructions and the several powers and authorities therein
contained in the same manner and to all intents and purposes as
other our Governor or Commander-in-Chief should or ought to dc
in case of your absence until your return or in all cases until! our
further pleasure be known therein.

And Wee do hereby declare ordain and appoint that you the Term of
said Arthur Phillii) shall and may hold execute and enjoy the °^'^^-
office and place of our Captain-General and Governor-in-Chief in
and over our said territory and its dependencies together with all
and singular the powers and authorities hereby granted unto you
for and during our will and pleasure.

In witness &c.

Witness ourself at Westminster the second day of April in
the twenty-seventh year of our reign.
By writ of Frivj Seal.

TuE Act of Parliament Establishing the Colony.
(27 George III, 1787.)
Whereas by an Act made and passed in the twenty-fourth year 24 Geo. iii
of his present Majesty's reign, intituled, An Act for the efTectual ''• ^**-

68 HISTORICAL RECORDS OF NEW SOUTH WALES.

I'J'fi" transportation of felons and other offenders, and to authorise the

removal of prisoners in certain cases, and for other purposes therein

mentioned, it is enacted that, from and after the passing of that

Act, when any person or persons at any Sessions of Oyer or

Terminer or Gaol Delivery, or at any Quarter or other General

Session of the Peace to be holden for any county, riding, division,

city, town, borough, liberty, or place, within that part of Great

Britain called England, or at any Great Session to be holden for

the County Palatine of Chester, or within the Principality of

Wales, shall be lawfully convicted of grand or petit larency, or any

other offence for which such pei-son or persons shall be liable by

the laws of this realm to be transported, it shall and may be lawful

for the Court before which any such person or persons shall be

convicted as aforesaid, or any subsequent Court holden at any

place for the same county, riding, division, city, town, borough,

liberty, or place respectively, with like authority, to order and

Court may adjudge that such person or persons so convicted as aforesaid shall

portatioii. be transported beyond the seas for any term of years not exceeding

the number of years or terms for which such person or persons is

or are or shall be liable by any law to be transported ; and in any

such case it shall or may bo lawful for his Majesty, by and with

the advice of his Privy Council, to declare and appoint to what

Order-in- place or places, part or parts, beyond the seas, either within his

appoint""^ Majesty's dominions, or elsewhere out of his Majesty's dominions,

place of such felons or other offenders shall be conveyed or transported:

tion. And such Court as aforesaid is thereby authorised and empowered

to order such offenders to be transferred to the use of any person

or persons, and his or their assigns, who shall contract for the due

performance of such transportation.

And when his Majesty, his heirs and successors, shall be pleased
to extend mercy to any offender or offenders who hath or have
been or shall be convicted of any crime or crimes, for which he,
she, or they is or shall be by law excluded from the benefit of
clergy, upon condition of transportation to any place or places,
part or parts, beyond the seas, either for terms of life or any
number of years, and such extension of mercy shall be signified
by one of his Majesty's Principal Secretaries of State, it shall be
Court may lawful for any Court, having proper authority, to allow such
ferof offender or offenders the benefit of a conditional pardon, and

'^Tit"^*t*r' (p^<^^P^ ^^ cases where such offenders shall be authorised by his
Majesty to transport liimself, herself, or themselves) to order the
transfer of such offender or offenders to any person or persons who
shall contract for the due performance of such transportation, and
his or their assigns, for such and the same term of years for which
any such offender or offenders shall have been ordered to be trans-
ported, or for such term of life or years as shall be specified in
such condition of transportation.

CRIMINAL COURT. 69

And whereas his Majesty, by two several Orders-in-Council, I'J'S?
bearing date respectively on the sixth day of December, 178G, hath order-jn-
judged fit, by and with the advice of his Privy Council, to declare app^nting-
and appoint the place to which certain offenders, named in two New South
lists to the said several Orders-in-Council annexed, should be
transported for the time or term in their several sentences men-
tioned, to be the eastern coast of New South Wales, or some one
or other of the islands adjacent.

And whereas Sir James Eyre, Knight, and Sir Beaumont Order o^^
Hotham, Knight, two of the Barons of his Majesty's Court of transporta-
Exchequer of the degi^ee of the coiffe, according to the authority *'°"-
to them given by the said statute, did, on the thirtieth day of
December, 1786, oixler that the said several offenders, in the said
se^"eral lists to the said several Orders-in-Council annexed, should
be transported to the place and for the time and terms aforesaid.

And whereas it may be found necessary that a colony and a Colony and
civil Government should be established in the place to which such ment^'°^*^'"
convicts shall be transported, under and by virtue of the said Act
of Parliament, the said two several Orders of Council, and other
the said above-recited Orders, and that a Court of Criminal Juris- ^.^^j"^'
diction should also be established within such place as aforesaid,
with authority to proceed in a more summary way than is used
within this realm, according to the known and established laws
thereof.

Be it therefore enacted by the King's Most Excellent Majesty,
1)y and with the advice and consent of the Lords Spiritual and
Temporal and Commons, in this present Parliament assembled, and
by the authority of the same, that his Majesty may, by his Com-
mission under the Great Seal, authorise the person to be appointed
Governor, or the Lieutenant-Governor in the absence of the Gover- Governor
nor, at such place as aforesaid, to convene from time to time, as ™n^ene
occasion may require, a Court of Judicature for the trial and Criminal
punishment of all such outrages and misbeha\-iours as, if committed
within this realm, would Ik; deeined and taken, according to the
laws of this realm, to be treason or misprision thereof, felony or
misdemeanor, which Court shall consist of the Judge- Advocate, How
tf) be appointed in and for such place, together with six officers of *^°™l^^
his Majesty's forces Vjy sea or land :

Which Court shall proceed to try such offenders by calling such
offenders respectively before that Court, and causing the charge
against him, her, or them respectively to be read over, which ^'^''^od of
charge shall always be reduced into writing, and shall be exhibited
to the said Court by the Judge- Advocate, and by examining wit-
nesses upon oath, to be administered by such Court, as well for as
against such offenders respectively, and afterwards adjudging by
the opinion of the major part of the persons composing such Court,
that the party accused is or is not (as the case shall aj)pear to

70

HISTORICAL RECOEDS OP IsEW SOUTH WALES.

1787

Judsnnent of
death or
coj7)oral
punishment.

Provost-
Marshal.

In capital
cases five
must
concur.

Cmirt to Ve
a Court of
Record.

them) guilty of the charge, and by pronouncing judgment therein
(as upon a conviction by verdict) of death, if the offence be capital,
or of such corporal punishment not extending to capital punish-
ment, as to the said Court shall seem meet ; and in cases not capital,
by pronouncing judgment of such corporal punishment, not extend-
ing to life or limb, as to the said Court shall seem meet.

II. And be it further enacted that the Provost-Marfhal, or
other officer to be for that purpose appointed by such Governor or
Lieutenant-Governor, shall cause due execution of such judgment
to be had and made under and according to the warrant of such
Governor or Lieutenant-Governor in the absence of the Governor,
under his hand and seal, and not otherwise.

Provided always that execution shall not be had or done on
any capital convict or convicts unless five persons present in such
Court shall concur in adjudging him, her, or them, so accused
and tried as aforesaid, to be respectively guilty, and until the pro-
ceedings shall have been transmitted to his Majesty and by him
approved.

III. And be it so enacted by the authority aforesaid that the
said Court shall be a Court of Record, and shall have all such
powers as by the laws of England are incident and belonging to a
Court of Record.

2 April.

Orders-in-
Council.

Colonv
and civil
government.

Civil Court.

Letters Patent Constituting the Courts of Law.

George the Third, by the Grace of God, King of Great Britain,
France, and Ireland, Defender of the Faith, kc. To all to
whom these presents shall come, greeting : —
"Whereas by virtue of an Act of Parliament passed in the twenty-
fourth year of our reign Wee have judged fit, by and with the
advice of our Privy Council, by two several orders bearing date
respectively on the sixth day of December [and the twenty-second
flay of December] one thousand seven hundred and eighty-six, to
declare and appoint the place to which certain offenders should be
transported for the time or terms in their several sentences men-
tioned to be the eastern coast of New South Wales, or some or
other of the islands adjacent.

And whereas Wee find it necessary that a colony and civil
government should be established in the place to which such
convicts shall lie transported, and that sufficient pi'ovision should
be made for the recovery of debts and determining of private
causes between party and party in the place aforesaid.

Wee, taking the same into our Royal consideration, and being
desirous that justice should be administered to all our subjects,
have of our especial grace, certain knowledge, and meer motion
thought fit to grant, ordain, direct, and appoint, and by these

ci\t:l coukt. 71

presents do for us, our heirs and successors, will, grant, ordain, 1787
direct, and appoint that there shall be within the place aforesaid 2 April.
a Court, to be called the Court of Civil Jurisdiction.

And that such Court shall consist of the Judge- Advocate for The civil
the time being, together with two fit and proper persons inhabiting co°n"tit^tion
the said place, to be appointed from time to time by our Governor,
or in case of the death or absence by our Lieutenant-Governor for
the time being, or of any two of them (whereof the J udge- Advocate
to be one), to which Court Wee do hereby give full power and
authority to hold plea of and to hear and determine in a summary and juris-
way all pleas concerning lands, houses, tenements, and heredita- ^^i^tion.
ments, and all manner of interests therein, and all pleas of debt,
account, or other contracts, trespasses, and all manner of other
persona] pleas whatsoever .

And Wee do further will, ordain, and grant to the said Court
full power and authority to grant probate of wills and administra- Probate
tion of the personal estates of intestates dying within the place or tration™"^^'
settlement aforesaid.

And our further will and pleasure is, and Wee do by these
presents for us our heirs and successors direct, ordain, and appoint
that, upon complaint to be made in writing to the said Court by procedure,
any person or persons against any other person or persons residing
or being within the said place of any cause or suit, the said Court
shall or may issue a warrant in writing under the hand and seal
of the said J udge- Advocate for the tune being, to be directed to
the Provost-Marshall, or such other officer as shall be appointed by
our Governor to execute the process thereof, which warrant shall gmnnjong to
contain shortly the substance of the complaint, and shall either appear.
command such officer to summon the defendant or defendants to
appear.

Or in case the value of the demand be ten pounds or upwards
(of which oath shall first be made), command him to bring his,
her, or their body or bodies, or take bail for his or their appearance Bail for
before the said Court at a certain time or place therein to be ''W'^^'^'^"^'^-
named, to answer to the said complaint and to hud sufficient
security for his, her, or their performance of such judgment,
sentence, or decree as shall be pronomiced thereupon or finally
given upon an appeal.

And upon appearance, arrest, or non-appearance, or return by
the officer that the defendant or defendants cannot be found. Wee
do hereV>y, for us, our heirs and successors, ordain, direct, and
authorize the said Court to proceed to the examinatiou of the Proceeding
matter and cause of such complaint, and upon due proof made '"
thereof, either upon the oath or oaths of any witness or witnesses
in writing, to be by him, her, or them subscribed (for which pur-
pose Wee do by these presents empower and i-equire the said
Court to administer an oath to such witnesses as shall be produced

HISTOEICAL RECOEDS OF NEW SOUTH WAXES.

1787

2 April.

Execution.

Imprison-
ment in
default.

Costs to
defendant.

Appeal to

the

Governor

and Pri\'j-
Council.

Time of
appeal.

Attachment,

Ijy either party, plaintiff or defendant), or by the voluntary con-
fession of such defendant or defendants, to give judgment and
sentence according to justice and right.

And to award and issue out a warrant or warrants of execution
under the hand and seal of the said Judge- Advocate for the time
being, for levying the duty adjudged or decreed to the party or
parties complainant, together vath costs of suit, upon the goods
and chattels of such defendant or defendants, and to cause sale to
be made of the said goods and chattels, rendering to the party the
overplus, if any be.

And for want of sufficient distress, Wee do hereby for us our
heirs and successors give full power and authority to the said
Court to imprison the defendant or defendants until satisfaction
be made by him, her, or them, to the plaintiff or plaintiffs of the
duty decreed, together with the costs ; and in case judgment shall
l)e given for the defendant or defendants. Wee do hereby likewi.^e
give full power and authority to the said Court to award costs to
such defendant or defendants, and to issue like process of execution
for the same as in cases where costs are awarded to any plaintiff
or plaintiffs.

And if either paii;y shall find him or themselves aggrieved by
any judgment or decree to be given or pronounced by the said
Court, our "\\'ill and pleasure is that he, she, or they shall and may
appeal to the Governor of the eastern coast of Xew South Wales
and the parts adjacent, or in case of his death or absence to the
Lieutenant-Govei-nor for the time being, whom Wee do herebv
empower and authorize to hear and determine the same, and to
issue process of summons to answer to such appeal and the like
process of execution as the said Court is hereby directed and
empowered to issue.

And if either party shall find him. her, or themselves aggrieved
by the judgment or determination of the said Governor in any
case where the debt or thincj in demand shall exceed the value of
£300, and not otherwise, our will and pleasure is that such party
so aggrieved may appeal to us or our heirs and successors in
Council.

And Wee do further will and ordain that no appeal shall be
admitted from the judgment of the said Court, unless the same
shall be interposed within eight days after the said judgment, nor
from the judgment of the Superior Court unless the same shall
be interposed within fourteen days after the judgment of such
Superior Court ; And further, that the said Court may proceed
in a summary way by foreign attachment of goods, debts, and
effects of delators in the hand or possession of other persons
residing in the place aforesaid.

And Wee further will and ordain that all complainants at whose
suit? any persons shall be imprisoned shall make an allowance

CRIMINAL COURT. 73

to each of such defendants after such rate for every day so long 1787
as such defendants shall be kept in prison as the said Court 2 April.
shall direct, and in default of payment thereof for one week such
person shall be discharged out of prison, and such discharge out of
prison shall be a discharge of the debt, unless the complainant ^f'^^g^toHn^
shall before any new proceeding against such defendants pay or prison,
tender to them all the arrears of such allowance from the time of
the last payment to the time of such new proceeding.

Provided always that such defendant do make oath before the
Judge- Advocate, to his satisfaction, that he hath not any estate or if„na^,]gtQ
effects sufficient to maintain himself with necessaries in the prison, niaintai!i
otherwise that such allowance be not made to him.

And whereas it is necessary that a Court of Criminal Juris- criminal
DICTION should also be established within the colony or settlement ^°"'"'-
aforesaid, with authority to proceed in a more summary way than
Ls used within this realm according to the known and established
laws thereof.

And whereas, by an Act of Parliament passed in this present Act of
year of our reign, it is enacted that his Majesty may, by his Com- fg^cft&dT:^*
mission under the Great Seal, authorize the person to be appointed
(jf vernor, or the Lieutenant-Governor in the absence of the Gover-
nor of such place as aforesaid, to convene from time to time, as
occasion may require, a Court of Judicature for the trial and punish- covemor
ment of all such outrages and misbehaviours as if committed within t" convene
this realm would be deemed and taken according to the laws of this Court,
realm to be treason or misprision thereof, felony, or misdemeanour.

Which Court shall consist of th(i Judge-Advocate to be appointed
in and for such place, together with six officers of his Majesty's
forces by sea or land, which Court shall proceed to try such offenders
by calling such offenders respectively l)efore that Court by the
Judge- Advocate, and by examining witnesses upon oath to l^e ad-
ministered by such Court, as well for as against such offenders
respectively, and afterwards adjudging by the opinion of the major
part of the persons composing such Court that the party accused is
or is not (as the case shall appear to them) guilty of the charge,
and by pronouncing judgment (as upon a conviction by verdict) of
death, if the offence be capital, or of auch corporal p7(nisJnnenf, not sentence of
extending to capital punishment, as to the said Court shall seem y„i!'.';jjral
meet, and in cases not capital by pronouncing judgment of such punisimient.
coi-jwral punishment, not extending to life or limb, as to the said
Court shall seem meet.

And that the Provost-Marshal, or other officer to be for that
purpose appointed by such Governor or Lieutenant-Governor, shall
cause due execution of such judgement to be had and made Execution of
under and according to the warrant of such Governor or Lieutenant- J^'^K'"*-"*-
Governor, in the absence of the Governor, under his hand and seal,
and not otherwise.

74

HISTORICAL EECOEDS OP NEW SOUTH WALES.

1787

2 April.

Capital

cases.

Court
created.

Its
constitution

and juris-
diction.

Conduct of
trials.

Sentence of
death.

Provided always that execution shall not be had or done on any-
capital convict or convicts unless fiv^e persons present in such Court
shall concur in adjudging him, her, or them, so accused and tried
as aforesaid, to be respectively guilty until the proceedings shall
have been transmitted to his Majesty and by him approved : And
that the said Court shall be a Court of Record, and shall have all
such powers as by the laws of England are incident and belonging
to a Court of Record.

Now know ye that Wee, upon full consideration of the premises
and of our especial grace, certain knowledge, and mere motion, have
thought fit to grant, direct, and appoint, and by these presents Wee
do accordingly, for us, our heirs and successors, grant, direct, ordain,
and appoint that there shall be within the settlement and colony
aforesaid a Court which shall be called the Court of Criminal
Jurisdiction ; and Wee do hereby create, direct, and constitute the
said Court of Criminal Jurisdiction to be a Court of Record, and
that our said Court of Criminal Jurisdiction shall have all such
powers as are incident to a Court of Record by the laws of that
part of our Kingdom of Great Britain called England.

And Wee further will, ordain, and appoint that the said Court
of Criminal Jurisdiction shall consist of our Judge-Advocate for
the time being, together with six officers of our sea and land
service, as our Governor, or in case of his death or absence our
Lieutenant-Governor, shall, by precept issued under his hand and
seal, convene from time to time for that purpose, and that the said
Court of Criminal Jurisdiction shall have power to enquire of, heai\
determine, and punish all treasons or misprisions thereof, murders,
felonies, forgeries, perjuries, trespasses, and other crimes whatso-
ever committed in the place or places aforesaid, such punishment
so to be inflicted being according to the laws of that part of our
Kingdom of Great Britain called England, as nearly as may be,
considering and allowing for the circumstances and situation of
the place and settlement aforesaid and the inhabitants.

And it is our further will and pleasure that our said Court of
Criminal Jurisdiction shall proceed to try all offenders by calling
them respectively before such Court, and causing the charge or
charges against him, her, or them, respectively, when reduced into
writing and exhibited by our Judge- Advocate, to be read over to
such offender or offenders respectively, and that the said Court
shall adjudge by the opinion of the major part of the persons com-
posing the same as aforesaid that the party accused is guilty or
not guilty of the charge so exhibited as aforesaid.

And, if adjudged guilty, that the Court shall proceed to pro-
nounce judgement of death, if the offence be capital, in like manner
as if the prisoner had been found guilty by verdict of a jury in that
part of our Kingdom of Great Britain called England, or by pro-
nouncing judgment of such corporal punishment, not extending

CRIMINAL COURT. 7i>

to capital punishment, as to the said Court, or the major part of 1787
the persons comprising the same, shall seem meet ; and in cases 9 April.
not capital by the laws afoi*esaid by pronouncing judgment of such
corporal punishment, not extending to life or limb, as the said comomi
Court, or the major part of the persons composing the same, shall Punishment,
seem meet.

And it is our further will and pleasure and Wee do hereby
ordain, direct, and appoint that our Provost-Marshall, or such other provost-
otHcer as shall be appointed for that purpose by our Governor, Marshal.
or in case of his death or absence by our Lieutenant-Governor
for the time being, shall cause due execution to be bad and made of Rxecmion of
such judgments as aforesaid, according to the warrant of our judgments.
Governor, or in Lis absence of our Lieutenant-Governor for the time
being, under their hands and seals respectively, and not otherwise.

And Wee do hereby ordain and direct that execution of any
judgment of death shall not be had or done on any offender or
offendei-s unless five persons present sitting in judgment in our in capital
said Court of Criminal Jurisdiction shall concur in adiudging such cases five

must

offender or offenders so accused and tried as aforesaid to be respec- concur. ^
tively guilty, until the proceedings in the trial of such offender or
offenders shall have been transmitted to us, our heirs and successors,
and our or their pleasure shall have been signified thereupon.

And that execution be not done in any capital case whatever
without the consent of our said Governor, or in case of his death
or absence, of our Lieutenant-Governor ; and in case execution shall warrant for
be suspended, that the said Governor or Lieutenant-Governor shall execution,
apply to us, our heirs and successors, for our or their direction therein.

And our further will and pleasure is that all and every the
members of our said Court of Civil Jurisdiction respectively shall,
before they proceed to sit in judgment, severally make oath well Members of
and truly to try the several issues brought before them, and to give ^^^ Court
true judgment according to the evidence ; and that all and every
the members of our said Court of Criminal Jurisdiction shall, in
like manner, make oatli to make true deliverance between us, our
lieirs and successoi-s, and the several prisoners who shall by them
be tried, and to give a true judgment according to the evidence.

And Wee do hereby give full ])0wer and authority to our Judge- by the
Advocate for the time being to administer such oaths to the respec- Advocate
tive members of our said several Courts.

And further know ye that Wee, for preserving the peace of our
said settlement and the islands tbei-euuto adjacent, of our especial
grace, certain knowledge, and meer motion have granted, ordained,
directed, and appointed, and by these presents do grant, ordain,
dire:-t, and appoint, that our ])resent and all our future Governors
and Lieutenant-Governors, and our Judge- Advocate for the time
being, shall be Justices of the Peace within the said place or justices of
settlement. ^^^ Peace.

76

HISTORICAL RECORDS OF NEW SOUTH WALES.

1787

2 April.

Powers of
Justices of
the Peace.

Authority of

Letters

Patent.

To remain in
force until
revoked.

And that all and every such Justice and Justices of the Peace
shall have the same power to keep the peace, arrest, take bail, bind
to good behaviour, suppress and punish riots, and to do all other
matters and things with respect to the inhabitants residing or being
in the place and settlement aforesaid as Justices of the Peace have
within that part of Great Britain called England, within their
respective jurisdictions.

And these our Letters Patent or the enrollment or exemplifica-
tion thereof shall be, as well unto the said Courts respectively as
unto all and every person or persons whomsoever, a sufficient
warrant and discharge from time to time for all and whatever
they shall do or execute in pursuance of our Royal will and pleasure
hereinbefore declared.

And, lastly, our will and pleasure is, and Wee do hereby declare,
that this our charter shall be and remain in force only until Wee
shall be pleased to revoke and determine the same.

In witness whereof AVee have caused these our Letters to be
made Patent.

Witness ourself, at Westminster, the second day of April, in
the twenty -seventh year of our reign.

By Writ of Privy Seal. Yorke.

4 April.

Governor.

Vice-Admiralty Court.
At the Court of St. James's, the 4th of April, 1787.

Present : —
The King's Most Excellent Majesty.
Lord President. Lord Sydney.

Earl of Aylesford. Sir Geo. Yonge.

Viscount Hinchinbroke. Henry Dundas, Esq,

Lord Herbert. John Chas. Villiers, Esq.

Whereas there was this day read at the Board a memorial from
the Right Honorable the Lords Commissioners of the Admiralty,
dated the 27th of last month, in the words following, viz. : —

Lord Sydney having acquainted us that your Majesty has been
pleased to appoint Captain Arthur Phillip to be Captain-General
and Governor-in-Chief of the territory called New South Wales,
extending from the northern cape or extremity of the coast, called
Cape York, in the latitude of ten degrees thirty-seven minutes
south, to the southern extremity of the said territory of New
South AVales, or South Cape, in the latitude of forty-three degrees
thirty-nine minutes south, and of all country inland to the west-
ward, as far as the one hundred and thirty-fifth degree of east
longitude, reckoning from the meridian of Greenwich, including
all the islands adjacent in the Pacific Ocean within the latitudes
aforesaid of 10° 37' south and 43° 39' south, and that it is your

I

VICE- ADMIRALTY COURT. 77

Majesty's pleasure we should grant him such powers as have been 1787
usually granted to the Governors of your Majesty's colonies in -i April.
America ; we beg leave to represent to your Majesty that the
powers usually granted by this Board to the Governors of your
Majesty's colonies in America are those of Vice- Admiral, hut that
we are empowered by our commission to constitute Vice- Admirals
at such places only where Vice- Admirals have usually been ap-
pointed by the High Admiral. We do, therefore, beg leave to
submit to your Majesty whether it may not be necessary that we
should be empowered to appoint a Vice- Admiral and also a Judge ][j?®'. .
and other officers requisite for a Court of Vice- Admiralty within
the territory called New South Wales.

His Majesty, taking the said memorial into consideration, was
pleased, with the advice of his Privy Council, to approve of what
is therein proposed, and to order, as it is hereby ordered, that a
commission be passed under the great seal granting authority to
the Lords Commissioners of the Admii'alty to appoint a Vice-
Admiral, and also a Judge and other officers requisite to form a
Court of Vice-Achniralty within the said territory called New vife-
South Wales ; and the Right Honourable Lord Sydney, one of his court.
Majesty's Principal Secretaries of State, is to cause a warrant to
be prepared for his Majesty's royal signature, in order to pass a
commission under the great seal accordingly.*

Governor Phillip to Under Secretary Nepean.

My Dear Sir, [London] April 11th, 1787. ^^-'^P'""-

When you find a quarter of an hour, be so good as to give
me a line to the Navy Board, sufficiently explicit to prevent any
further delays with respect to the ordinary caps for the convicts ;
one hhd. of porter in bottles, as a present to the connnanding More stores
officer in the island from which we ai'e to procure stock, and ducats ^^^^'^ ■
U) the value of thirty pounds for the same ])urpuse. The l)eer may
be bought at Portsmouth, and I will tind room for it on board
the Sirius.

A line likewise is necessary to the Admiralty, that 1 may have The Com-
an order to receive on board the Sirius the Conmiissary and n"^**^'^^-
the servant to the Judge- Advocate ; likewise for victualling the
40 marines' wives, and to desire that sour krout and portable
soup may be oi-dered for the convicts' that may be sick. There is
some krout in store at the Victualling Office. I am. &c.,

Phillip.

P.S. — By some mistake 109 women and chikli-en are nut on Overcrowd-
board the Lady Penrhyn, tho' that ship was only intended to
carry 102, and with propi'iety should not have more than j of
that number.

* Letters Patent constituting the Vicc-Aclniiralty Court were issued 5th May, 1787.
Post, p. ito.

78

HISTORICAL RECORDS OF NEW SOUTH WALES.

1787

13 April.

Sickness
amoni^ the
marines.

The cause.

Unhealthy
arrange-
ments.

Fears for
the future.

No remedj*.

Reduction of
numbers.

No rations
for the
-children.

A hard case.

Major Ross to Secretary Stephens.

Sir, Portsmouth, 13th April, 1787.

I have to request you will please to inform their Lordships
that the sickness which has, and still does prevail among the
marine detachment embarked on board the Alexander, transport,
gives me a great degree of concern. Since the time of their first
embarkation no less than one serjeant, one drummer, and fourteen
privates have been sent sick on shore from her, some of whom, I
am informed, are since dead.

How far the cause of this sickness may be of a malignant kind
is not for me to say, but I am apt to suppose that the situation in
which the marines are placed in that ship is of itself sufficient to
cause the disorder with which they are afflicted.

T beg leave to observe, for their Lordships' information, that the
place allotted for the marines on board the Alexander is upon a
deck, and immediately under where the seamen are birthed. In
this place they are excluded from all air, but what passes through
the hatchway leading from the seamen's birth, which must in some
degree render it putrid before it reaches the others.

Should what is above hinted at be the cause of the present
sickness on board of her, how much more have we to dread the
fatal effeects of it in the more southern latitudes.

I have conversed with the agent for the transports on this
subject, who is perfectly of my way of thinking ; but in the
present state of that ship does not see how the evil can be
remedied.

He this morning proposed, if it could possibly be done, to have
the convicts on board the Alexander reduced in numbers, so as to
pei'mit a sufficient space in the fore part of the ship to be taken
away from what was allotted for them, and converted into a
birth for the seamen, the marines then removed to where the
seamen now are, and the present birth of the marines converted
into the only thing it is fit for, the stowing away provisions.

You will likewise please to inform their Lordships how much
I am concerned at finding myself under a necessity of mention-
ing again to them the children of the marines embarked in the
transports, which have not yet been ordered to be victualled.
What leads me to trouble their Lordships with it at this time is a
scene of distress that I was witness to yesterday when visiting the
transports at the Motherbank. In one of them I found a marine,
his wife, and two children living upon a ration and a half of
provisions. I feel myself the more hurt at this from my having
when last at Plymouth, and thinking myself authorized to do so,
informed that part of the detachment that their wives and
children were to be victualled in a certain proportion.

I am, &c.,

R. Ross, Major.

MARINES AND COXVICTS.

Returx of the Botany Bay detachment of Marines, the number 1787
of wives and children, and tlio names of the ships on board of is April
which they are embarked, with the number on board of each The First
ship. April, the 15th, 1787. Fieet.^^

Ships' Names.

S

^

Children

a

a

m

1:?

■*^

5

3

5"

4^

3
0

U

§

tn

•c
S

B
a
o

c

a.

■a

0
0

+3

c

1

s

i

xs
-1

s

" 5

ED
>

00

>

c5
?1

S

O

0

0

■■^

aa

<

o*

^

Ol

0

w

Oh

^

fa

02

c
o

o
H

H.M. ship Sirius
Alexander, transport.
Charlotte do. .

Scarborough do. .
Friendship do.

Prince of Wales do.
Lady Penrhyn do.
Sick on shore . .

General Total

1 2

12

12

160

3

16

30

16
36
51
34
52
53
6
5

253

Eeturx of the male, female, and children convicts embarked ^— The-
for Botany Bay, distinguishing the number of each on board ''°"^° •
each transport. April, the 15th, 1789.

Ships' Names.

Male.

Female.

Male
Children.

Female
Children.

Total
each Ship.

Alexander, transport
Cliarlotte do.
Scarborough do.
Friendship do.
Prince of VVales do.
Lady Penrhyn do.

General Total

198
86

205
75

1

26

i

19
1040

1
"3

"2

i

1
8

198
108
205
97
11
110

565

15.3

6

5

729

Under Secretary Nepean to Sir C. Middleton.*
Dear Sir, "Whitehall, 18th April, 1787. is April.

I send you enclosed copies of two letters! from Major Ross,
Lieutenant-Governor of the new intended settlement, representing
the unhealthy state of the party of marines embarked on board The sick
the Alexander, transport, and the distressed state of the wives ^armes.
and children of the detachment intended to proceed in the trans-
port ships to Botany Bay. Lord Sydney will be obliged to you
if you will take any measures which you may think advisable for
the better accommodation of the Alexander's party, and that you
will be so good as to crive orders that the women and children of Women and

'^ ° children.

* A private letter,
t One of these letters will be found on page 78 ; the other is not recorded.

80

HISTOMCAL RECORDS OF NEW SOUTH WALES.

1787

IS April.

Convicts'
clothinar.

Wants to be
supplied.

A perplexing
business.

Phillip's
departure.

Provisions
for children.

Stock.
Beer.

Oatmeal

20 April.

the marines may be supplied with the same proportion of provisions
as hath been usually allowed to the women and children of troops
during their passage, which Major Ross states in one of his letters.*

I lind from Captain Phillip that some of the convicts are almost
destitute of cloathmg, and that it will be necessary to supply them
with such ai'ticles as are needful immediately.

Captain Hunter and Lieutenant Shortland have been desired
to inquire into their wants and to supply them, and Lord Sydney
will be glad if the quantity which they may issue out of the
general stock be replaced, and that such a number of worsted
nightcaps be also issued as may be requisite for the supply of such
of the convicts whose hair it may be necessary to cut off.

I must beg of you to give me credit for official representation
through the proper channel upon these points, which you shall
have as soon as the business is finished. I hope this will be the
last letter, except the general sweeping one, which I may have
occasion to trouble you with upon this business, which I must
suppose has given you nearly as much perplexity as it has your
faithful humble servant.

I hope Phillip will get away on Saturday ; all his civil com-
missions, I expect, will pass the Great Seal on Friday.

The childi-en of the women convicts. Lord Sydney thinks, should
have a small proportion of provisions, which his Lordship begs
you will order ; there are not above ten.

I omitted to mention that about £30, in ducates, will be neces-
sary for Captain Phillip to purchase stock, and which Loi'd Sydney
wishes may be supplied to him ; and also that he may be allowed
to purchase a hhd. of strong beer, in bottles — the latter he can
easily procure at Portsmouth ; these articles will be requisite for
the obtaining stock at some of the islands he may have occasion
to have recourse to. There is no oatmeal on board the convict
ships to make gruel for the sick ; it is a very necessary article,
and Lord Sydney thinks that a couple of casks should be put on
board each of the convict ships for that purpose, to be considered

as surgeon s necessaries.

I am, tfec,

Evan Nepeax.

Trial of Pirates.

At the Court of St. James's, the 20th of April, 1787.

Present : —

The King's Most Excellent Majesty.

Lord Chancellor. Duke of Richmond.

Lord President. Lord Sydney.

Lord Privy Seal. John Chas. Villiers, Esq.

Whereas there was this day read at the Board a report from the

Right Honourable the Lords of the Committee of Council ap-

^ Note by transcriber.— ^ajov Uoss acknowledged this attention to his request in letter*
to Mr. Nepean.

TRIAL OE PIRATES. 81

pointed for the consideration of all matters relating to trade and 1787
foreign plantations, dated the 1 3th of this instant, proposing that 20 April,
the draught of a commission should be prepared for the tryal of
pirates within tlie Govenuiient of New South Wales, the descrip-
tion of which government is herewith annexed, marked A. His Territory,
^lajesty, taking the said report into consideration, was pleased,
with the ad^-ice of his Privy Council, to approve thereof, and
accordingly to order, as "it is hereby ordered, that his Majesty's
Advocate-General, with the Advocate of the Admiralty, do forth-
with prepare and lay before his Majesty at this Board the draught
of a commission, in order to be passed under the seal of his Commission.
Majesty's High Court of Admiralty, for the tryal of pirates
within the said new Government, under the act of the 11th and
1:2th of King William the Tliird ; and that they do insert therein
the names of the persons contained in the annexed list marked B,
as commissioners for carrying the said commission into execution, ^lone"-'^

A.

The territory called New South Wales, extending from the New South
Northern Cape or extremity of the coast, called Cape York, in the ^^''^'*^''-
latitiifle of ten degrees thirty-seven minutes south, to the southern
extremity of the said territory of New South Wales or South
Cape, in the latitude of forty-three degrees thirty-nine minutes
south, and of all the country inland to the westward as far as
the one hundred and thirty-fifth degree of east longitude, reckon-
ing from the meiidian of Greenwich, including all islands adjacent
in the Pacific Ocean within the latitudes aforesaid of 10° 37' south
and 43° 39' south.

B.

List of names to be inserted in the Commission for the Trial of

Pirates on the coast of New South Wales.

Arthur Phillip, Esq., Governor, or the Governor for the time Members of
bein*'. '-''c eomt.

Robert Ross, Esq., Lieutenant-Governor, or the Lieutenant-
Governor for the time beintr.

Andi-CAV Miller, Esq., Commissary of Stores and Provisions, or
the Commissary of Stores and Provisions fur the time being.

Augustus Alt, Esq., Surveyor of Lands, or the Surveyor of
Lands for the time being.

John Hunter, Esq., Captain of the Sirius.

William Bradley, Esq., 1st Lieutenant.

Philip Gidley King, Esq., 2\\(\ Lieutenant.

Geo. William Maxwell, Esq., 3rd Lieutenant.

Henry Lidgbird Ball, Esq., Lieutenant and Commander of the
Supply, armed tender.

And all other captains and commanders of his ^Majesty's ships
who are or shall be witliin tlie Admiralty jurisdiction of the
territory of New South Wales.
G

82

HISTOEICAL RECORDS OF NEW SOUTH WALES.

1787

20 April.

Phillip's
queries.

Victualling'
arrange-
ments.

Queries
already
answered.

Hospital

ship.

Supplies.

Emolu-
ments.

Naval
settlers.

Lord Sydney to Governor Phillip.*

Sir, Whitehall, 20th April, 1787.

Your letter to Mr. Nepean, of the 1st of March, inclosing
a copy of a letter to you from the Secretary of the Admiralty in
answer to certain queries which you had desired might be sub-
mitted to the consideration of the Lord Commissioners of that
Board, have been laid before me, together with your observations
upon the instructions, which have been prepared to pass under
the Royal Sign Manual for your guidance in the exercise of the
government of New South Wales.

With regard to the 1st and 2nd queries, to which the Admiralty
have declined to give any answer, and referred you to the Treasury
Board, I am to acquaint you that their Lordships have caused
contracts to be entered into for the victualling of the marines,
their wives and children, as well as the convicts, who are to take
their passage in the transport ships ; and that any supplies which
it may be necessary to provide for their maintenance during the
voyage will be obtained and paid for by the contractor or his agent.

The 3rd, 4th, 5th, and 6th queries are, I observe, fully answered
in the Secretary of the Admiralty's letter to you ; and the 7th
query is answered in the lirst paragraph of this letter.

8th. In case any of the convicts should be seized with an in-
fectious distemper, a proper place is to be set apart in the ship on
board of which they may be embarked for their accommodation,
and if the disease should so spread itself as to render it absolutely
necessary that the infected people should be removed away from
the other convicts, one of the transport ships may be converted
into an hospital ship. But this step, you will observe, is not to
be taken except upon urgent necessity.

9th. If any dithculties should be found by the masters of the
transports in procuring supplies either of stores or provisions
which they may stand in need of at places where the convoy may
touch, the agent appointed by the Navy Board is instructed in
what manner to proceed on such occasions.

The 10th query appears to be fully replied to by the Secretary
to the Admiralty.

11th. Your instructions vinder the Royal Sign Manual point
out in what manner the emoluments which would arise to you
from the Sirius are, in case you should be able to send her home,
to be paid to you.

12th and 13th. The Lords of the Admiralty will authorize any
number, not exceeding forty, of the petty officers and men belong-
ing to the Sirius who may be desirous of remaining at New
South Wales, upon that ship's return to Europe.

The 14th query is answered ])y the Secretary of the Admiralty.
All the queries which you submitted to the Admiralty being now
fully explained, I am to acquaint you, in reply to your letter of

* See letter from Secretary Stephens. Ante, p. 4S.

I

Phillip's questions answered. 83

the 1st March, and your observations upon your instructions,* that 1787

it is not thought advisable under the present circumstances of 20 April.

the service that you should wear any distinguishing pendant ; ^^ J~r

but during the absence of the Sirius from the seat of government, tinguishing

o _, • i j_ • -111- pendant,

or upon her return to Europe, proper instructions will be given

to the commander of the tender, or of any other ship or vessel

which may arrive at the settlement, junior to you in rank, to

obey such orders and directions as they may from time to time

receive from you for their future proceedings.

Upon the death or suspension of any civil officers of the
Government you are at liberty to appoint any proper person for the Power to
execution of the duties of such office until his Majesty's pleasure ^^^^^rs.
he known, and to send such suspended officer to England by the
tirst convenient opportunity which may offer, with your reasons
for such suspension ; and also to exchange marines from the gar-
rison and the Sirius, or Supply, tender, if you should judge it for
the good of the service so to do.

There can be no objection to your establishing any part of the choice of
territory or islands upon the coast of New South AVales, in the ^^^^ ®°-'^" '
neighbourhood of Botany Bay, which you may consider as more
advantageously situated for the principal settlement ; but at the
same time you must understand that you are not allowed to delay
the disembarkation of the estal)lishment upon your arrival on the
coast upon the pretence of searching after a more eligible place
than Botany Bay.

It will be proposed to Parliament in a few days to fix your The
salary as Governor at £1,000 per annum nett, which, with the pay ^°ary?°''^
of the Sirius, is judged to be a proper allowance for the support
of the stations you are appointed to fill. You will also be allowed
a contingent charge of 5/- per diem for the pay of a secretary, and
£20 per annum for stationery.

With regard to the compensation you solicit by way of table No table-
money, I am to inf<jrm you that no allowance whatever of that "^^'
sort can be granted to you.

You will receive herewith a copy of a letter from the Secretary The
of the Treasury with respect to the dispatch of the transport ships
after their ai'i-ival at Botany Bay, the purport of which you will
use your utmost endea\'our to comply with. I am, iV'c,

Sydney.

Major Ross to Under Secretary Nepean.!

My Dear Sir, Portsmouth, 22nd April, 1787. 22 April.

I understand from Captain Phillip that I am a})p()inted
H Judge in the Vice-Admiralty Court for our new settlement. I

Ross and

have to return you my best thanks for this appointment ; but I, his friend.

* Ante, p. 54. t A private letter.

84 HISTORICAL RECORDS OP NEW SOUTH WALES.

1787 at the same time, cannot but sincerely lament that something
22 April, could not have l^een hit upon in all the late appointments for
James Campbell.*

The late honour confer'd upon me would have been well
bestow'd upon him, and tho' I have not a wish to resigne it on
any other terms than the puting him in possession of something,
tho' without emolument, that would show his friends he was
not totally neglected in this business. I would in that case wish
it done. I am sure his abilities and length of service intitle him
to a share in such things as are to be given in a new settle-
ment, where it is probable his judgement may be of the greatest
use.

An appeal. j£ ^j-^g above Cannot possibly be done for him, do, for God's sake,
endeavour at something else for him. You know Capt. Gould's
appointment in Nova Scotia, and is not such an appointment
absolutely for us 1 If it is, is there no such thing as getting him
something of the same kind t.

noT^ain. -^^^ addition to his present income is not, I am convinced, his

principle object. What I myself wish for him, and what is I am
sure his own only wish, is some kind of appointment that would give
him some little consequence in himself, as well as in the eyes of
his brother-officers going with him, all of whom with respect to
length of service are but of yesterday.

You, my dear sir, have no idea how much I am interested in
this atlair, nor how very severely I shall feel myself mortified if
something or other cannot be done for him before we quit this
country. I am, cfec,

R. Ross.

Phillip's Instructions.
25 April i^^ tl^g Qo^j,^ .^^ gt. James's, the 25th April, 1787.

Present : —
The King's Most Excellent Majesty.

Lord President. Lord Sydney.

Marquis of Carmarthen. William Pitt, Esq.

Lord Chamberlain. Sir George Yonge.

Lord Onslow.
Whereas thei-e was this day read at the Board a report from
the Right Honorable the Lords of the Committee of Council,
appointed for the consideration of all . matters relating to Trade
and Foreign Plantations, upon the draught of instructions for
Captain Arthur Phillip, whom his Majesty has been pleased to
appoint Captain-General and Governor-in-Chief of the territory
of New South Wales. His Majesty taking the said report and
draught of instructions into consideration, was pleased, with
the advice of his Privy Council, to approve of the said draught
of instructions, and to order, as it is hereby ordered, that the

* Cai^tain of Marines in Major Hoss's detachment

Phillip's ixstructioxs. 85

Right Honorable Lord Sydney, one of his Majesty's Principal 1787
Secretaries of State, do cause the said draught of instructions, 25 April,
wliich are herewith annexed, to be prepai-ed for his Majesty's
signature.

G.R.

IxsTRrcTioxs for our trusty and well-beloved Arthur Phillip, Esq.,
our Captain-General and Governor-in-Chief in and over our
territory of New South Wales and its dependencies, or to
the Lieutenant-Governor or Commander-in-Chief of the said
territory for the time being. Given at our Court at St. James's,
the 25th day of April, 1787, in the twenty-seventh year of

our reign.

"With these our instructions you will receive our commission* commission
under our Great Seal constituting and appointing you to be our ^ Governor.
Captain-General and Governor-in-Chief of our territory called
New South Wales, extending from the northern cape or extremity
of the coast, called Cape York, in latitude of ten degrees thirty-
seven minutes south, to the southern extremity of the said
territory of New South "Wales or South Cape, in the latitude of
forty-three degrees thirty-nine minutes south, and of all the
country inland to the westward, as far as the one hundred and Territorj-.
thirty-tifth degree of east longitude, reckoning from the meridian
of Greenwich, including all the islands adjacent in the Pacific
Ocean, within the latitudes aforesaid, 10° 37' south and 43° 39'
south ; and of all towns, garrisons, castles, forts, and all other
fortifications or other military works which may be hereafter
erected upon the said territory, or any of the said islands, with
directions to obey such orders and instructions as shall from time instrac-
to time be given to you, under our signet and sign manual, or t'<^»s-
by our order in our Privy Council.

You are, therefore, to fit yourself with all convenient speed, and
to hold yourself in readiness to repair to your said command, and
being arrived, to take upon you the execution of the trust we
have reposed in you, as soon as conveniently may be, with all due
solemnity to cause our said Commission under our Great Seal of Commission
Great Britain constituting you our Governor and Coiiiiiiander-in- pubfic?^'"
Chief as afoi'esaid to be read and puljlished.

And whereas we have ordered that about 600 male and 180 Order for
female convicts now under .sentence or order of ti-ansportation tion.*^'^'
whose names are contained in the list hereunto annexed should
be removed out of the gaols and other places of confinement in
this our kingdom, and be put on board of the several transport
ships which have been taken up for their reception, it is our
royal will and pleasure that as s(xm as the said convicts, the
several persons composing the civil establishments, and the

• Ante, p. CI.

86

HISTOEICAL RECOEDS OF NEW SOUTH WALES.

1787
25 April.

Botany Bay.

■\Viiie to be
taken on
board.

Bills to be
drawn.

Secd-f,Tain,
black cattle,
sheep, &c.

store.s, provisions, &c., provided for their use, shall be put on
board the Supply, tender, and the transport ships named in the
margin,* and be in readiness to depart, that you do take them
under your protection and proceed in the Sirius with the said
tender and transports to the port on the coast of New South
Wales, situated in the latitude of 33° 41', called by the name of
Botany Bay, agreeably to the instructions with which you will ])e
furnished by the Commissioners of our Admiralty, in pursuance
of our royal commands already signified to them.

And whereas it may happen upon your passage to New South
Wales that you may find it necessary and expedient to call with
the ships and vessels under your convoy at the island of Tenerijffe,
at the Rio de Janeiro, and also at the Cape of Good Hope, for
supplies of water and other refreshments for the voyage, it is our
further will and pleasure that you do upon your arrival at the
former of those places take on board any of the ships of the
convoy which you may think proper such quantities of Avine as
may be requisite for the supply of the said settlement, according
to the instructions with which the Commissary of Stores and
Provisions will be furnished by the Commissioners of our Treasury,
taking care that the quantities purchased do not exceed the
proportions to be issued to the several persons composing the
said settlement entitled thereto, agreeably to the said instructions,
for the time to which they have confined the supply of that
article ; and for the amount of such purchases you will direct
the Commissary to draw bills of exchange upon them properly
certified by you, or our Lieut. -Governor of the said intended
settlement, with the other usual attestations that the same has
been obtained at the most reasonable rates, transmitting at the
same time an account thereof to them, in order that you may
be released from any imprest which such purchases might occa-
sion.

Notwithstanding there is already a considerable quantity of
corn and other seed-grain put on board the ships of the convoy,
probably more than may be immediately necessary for raising
supplies for the settlement, we are disposed to guard as much as
possible against accidents which may happen, or injuries which
these articles might sustain during the passage : It is, therefore,,
our further will and pleasure that you, upon your arrival at any
of the places you may have occasion to touch at, endeavour to
obtain such further quantities of seed-grain as you may think
requisite for the tillage of the land at the place of your des-
tination : And also that you do take on board any number of
black cattle, sheep, goats, or hogs which you can procure, and the
.ships of the convoy can contain, in order to propagate the breed
of these animals for the general benefit of the intended settle-
ment, causing the Commissary of Stores and Provisions to draAv

* Alexander, Charlotte, Scarborough, Friendship, Prince of Wales, Lady Penrhyn.

Phillip's instructions. 87

bills for the same as is before directed for such supplies, as well i"87
as for any fresh provisions which it may be requisite to procure 25 April,
for the use of the marines or convicts at those places, and
transmitting information to the Commissioners of our Treasury
of such proceedings.

And whereas it is intended that several of the transport ships Transports
and victuallers which are to accompany you to New South Wales china
should be employed in bringing home cargoes of tea and other
merchandize, from China, for the use of the East India Company,
provided they can arrive at Canton in due time, whereby a very
considerable saving would arise to the public in the freight of
these vessels : It is our royal will and pleasure that ujjon your
arrival at Botany Bay, on the said coast of New South Wales,
vou do cause every possible exertion to be made for disembarking to be
the officers and men composing the civil and military establish- u^'Jo" jej,
ments, together with the convicts, stores, provisions, &c., and
having so done, you ai'e to discharge all the said transports or
victuallers, in order that such of them as may be engaged by the
East India Company may proceed to China, and that the rest may
return home. You will, however, take care, before the said
transport ships are discharged, to obtain an assignment to you or Assijmmeiit
the Governor-in-Chief for the time being, from the masters of ^ thV*"''*^
them, of the servitude of the several convicts for the remainder Governor.
of the times or terms specified in their sevei'al sentences or oi'ders
of transportation.

According to the best information which we have obtained,
Botany Bay appears to be the most eligible situation upon the Botany Bay.
said coast for the first establishment, possessing a commodious har-
bour and other advantages which no part of the coast hitherto
discovered affords. It is therefore our will and pleasure that you
do immediately upon your landing, after taking measures for
securing yourself and the people who accompany you as much as
possible from any attacks or interruptions of the natives of
that country, as well as for the preservation and safety of the
public stores, proceed to the cultivation of the land, disti'ibuting cultivation
the convicts for that purpose in such manner, and under such °f "^^^ '*'^'^-
inspectors or overseers, and under such regulations as may
appear to you to be necessary and best calculated for procuring
supj)lies of grain and ground provisions. The assortment of tools Tools and
and utensils which have been provided for the use of the convicts "tensiis.
and other persons who are to compose the intended settlement are
to l)e distriV)uted according to your discretion, and according to the
emplo}Tnent assigned to the several persons. In the distribution,
liowever, you will use every proper degree of economy, and be Economy,
careful that the Commissary so transmit an account of the issues
from time to time to the Commi.ssioners of our Treasury, to enable
them to judge of the propriety or expediency of granting further

88 HISTORICAL HE CORDS OF KEW SOUTH WALES.

1787 supplies. The clothing of the convicts and the provisions issued
25 April, to them, and the civil and military establishments, must be
accounted for in the same manner.

And whereas the Commissioners of our Admiralty have ap-
The sirius pointed Capt. Hunter to repair on boai^d the Sirius, to assist you
aiu supp y .^^ ^j_^^ execution of your duty, and to take the command of the
ship whenever you may see occasion to detach her from the settle-
ment, and also to station the Supply, tender, under your orders,
and to be assisting to you upon occasional services after your
arrival. And whereas it is our royal intention that measures
should be taken, in addition to those which are specified in the
to go to the article of these our instructions, for obtaining supplies of live

islands for ,, •,,.. ri-j.^.- i

live stock, stock, and having, m consequence or such intention, caused a
quantity of arms and other articles of merchandize to be pro-
vided and sent out in the ships under your convoy, in order to
barter with the natives either on the territory of New South
Wales or the islands adjacent : It is our will and pleasure that
as soon as either of these vessels can be spared with safety from
the settlement you do detach one or both of them for that pur-
pose, confining their intercourse as much as possible to such parts
as are not in the possession or under the jurisdiction of other
Eui'opean powers.

The increase of the stock of animals must depend entirely upon

the measures you may adopt on the outset for their preservation ;

Amply and as the settlement will be amply supplied with vegetable

with "^ productions, and most likely with fish, fresh provisions, excepting

vegetables, f^,. ^j^g ^[q^ and convalescents, may in a great degree be dispensed

with. For these reasons it will become you to be extremely

Caution as to cautious in permitting any cattle, sheep, hogs, &c., intended for

stock*^*^^""^' propagating the breed of such animals to be slaughtered until a

competent stock may be acquired, to admit of your supplying the

settlement from it with animal food without having further

recourse to the places from whence such stock may have originally

been obtained.

It is our will and pleasure that the productions of all descriptions

acquired by the labour of the convicts should be considered as a

Public stock, public stock, which we so far leave to your disposal that such

parts thereof as may be requisite for the subsistence of the said

convicts and their families, or the subsistence of the civil and

military establishments of the settlement, may be applied by you

to that use. The remainder of such productions you will reserve

More as a provision for a further number of convicts, which you may

jonvicts expect will shortly follow you from hence, to be employed under

to follow ^ - . . . , 1 "^ . 1 . , • , i •

shortly. your direction in the manner pointed out m these our instructions
to you.

From the natural increase of corn and other vegetable food from
a common industry, after the ground has once been cultivated, as

Phillip's ixsTRrcxiONS. 89

well as of animals, it cannot be expedient that all the convicts l'^87
which accompany you should be employed in attending only to 25 AprU.
the object of provisions. And, as it has been humbly represented
to us that advantages may be derived from the fiax-plant which Flax.
is found in the islands not far distant from the intended settle-
ment, not only as a means of acqviiring clothing for the convicts
and other persons who may become settlers, but from its superior
excellence for a variety of maritime purposes, and as it may
ultimately become an article of export, it is, therefore, our will and
pleasure that you do particularly attend to its cultivation, and that
you do send home by every opportunity which may offer samples Samples to
ui this article, in order that a judgment may be formed whether home!
it may not be necessary to instruct you further upon this subject.

And whereas we are desirous that some further information Exploration
should be obtained of the several ports or harbours upon the °^ ^^^ ^°^^'
coast, and the islands contiguous thereto, within the limits of your
government, you are, whenever the 8irius or the Supply, tender,
can conveniently be spared, to send one, or both of them, upon
that service.

Norfolk Island, situated in the lat.* , and long.* east Norfolk

from Greenwich about* , being represented as a spot which beTettied.

may hereafter become useful, you are, as soon as circumstances
will admit of it, to send a small establishment thither to secure
the same to us, and prevent it being occupied by the subjects of
any other European power ; and you will cause any remarks or
observations which you may obtain in consequence of this instruc-
tion to be transmitted to our Principal Secretary of State for
Plantation Affairs for our information.

And whereas it may happen, when the settlement shall be
Ijrought into some state of regulation, that the service of the
Sirius may not be necessary at the said settlement, and as we are
desirous to diminish as much as possible the expences which the
intended establishment occasions, you will, whenever the service
of the said ship can be dispensed with, order Capt. Hunter to
return with her to England. And as from such an arrangement the sinus to
emoluments of your station will be diminished, it is our royal E,*"i™nd*
intention that the same shall be made good to you by bills to be °
drawn by you upon the Commissioners of our Treasury.

You are to endeavour by every possible means to open an inter-
course with the natives, and to conciliate their affections, enjoin-
ing all our subjects to live in amity and kindness with them.
And if any of our subjects shall wantonly destroy them, or give Tiie natnes
them any unnecessary interruption in the exercise of their several tectedr*^
occupations, it is our will and pleasure that you do cause such
offenders to be brought to punishment according to the degree of
the offence. You will endeavour to pi-ocure an account of the
numbers inhabiting the neighbourhood of the intended settle-

* Blanks in MS.

90

HISTORICAL UECORDS OF NEW SOUTH WALES.

1787

25 April.

Religion.

Public
worsiiip.

Women to
be brought
from tlie
islandii.

Emancipa-
tion.

Grants of
land to
emancipa-
ted convicts.

Conditions
and reser-
vations.

Grants to be
recorded.

ment, and report your opinion to one of our Secretaries of State
in what manner our intercourse with these people may be turned
to the advantage of this colony.

And it is further our royal will and pleasure that you do by
all proper methods enforce a due observance of religion and good
order among the inhabitants of the new settlement, and that you
do take such steps for the due celebration of publick worship as
circumstances will permit.

And whereas, as from the great disproportion of female con-
victs to those of the males who are put under your superinten-
dance, it appears advisable that a further number of the latter
should be introduced into the new intended settlement, you are,
whenever the Sirius or the tender shall touch at any of the islands
in those seas, to instruct their commanders to take on board any
of the women who may be disposed to accompany them to the
said settlement.* ■ You will, however, take especial care that the
officers who may happen to be employed upon this service do
not, upon any account, exercise any compulsive measures, or make
use of fallacious pretences, for bringing away any of the said
women from the places of their present residence.

And whereas we have by our Commission, bearing date [2nd
April] 1787, given and granted upon you full power and authority
to emancipate and discharge from their servitude any of the convicts
under your superintendance who shall, from their good conduct and
a disposition to industry, be deserving of favour : It is our will
and pleasure that in every such case you do issue your warrant to
the Surveyor of Lands to make surveys of and mark out in lot.s
such lands upon the said territory as may be necessary for their
use ; and when that shall be done, that yovi do pass grants thereof
with all convenient speed to any of the said convicts so emanci-
pated, in such proportions and under such conditions and acknow-
ledgments as shall hereafter be specified, viz. : — To every male
shall be granted 30 acres of land, and in case he shall be married,
20 acres more ; and for every child who may be with them at the
settlement at the time of making the said grant, a further
quantity of 10 acres, free of all fees, taxes, quit rents, or other
acknowledgments whatsoever, for the space of ten years : Provided
that the person to whom the said land shall have been granted
shall reside within the same and proceed to the cultivation and
improvement thereof ; reserving only to us such timber as may
be growing, or to grow hereafter, upon the said land which may be
fit for naval purposes, and an annual quit rent of f after the

expiration of the term or time before mentioned. You will cause
copies of such grants as may be passed to be preserved, and make
a regular return of the said grants to the Commissioners of our
Treasury and the Lords of the Committee of our Privy Council
for Tx'ade and Plantations.

*This part of the Instructions was not carried out.

t Blank in MS.

Phillip's instructions. 91

And whereas it is likely to happen that the convicts who may 1787
after their emancipation, in consequence of this instruction, be 25 April,
put in possession of lands will not have the means of proceeding
to their cultivation without the public aid : It is our will and
pleasure that you do cause every such j^ei'son you may so eman- Emancipists
cipate to be sujjplied with such a quantity of provisions as may ^°^^ |^P"
])e sufficient for the subsistence of himself, and also of his family, for twelve
twelve months, together with an assortment of tools and utensils, ^
and such a proportion of seed-grain, cattle, sheep, hogs, etc., as
may be proper, and can be spared from the general stock of the
settlement.

And whereas many of our suVjjects employed upon military in view
service at the said settlement, and others who may resort thither settlement,
upon their private occupations, may hereafter be desirous of pro-
ceeding to the cultivation and improvement of the land, and as
we are disposed to afford them every reasonable encouragement
in such an undertaking : It is our will and pleasure that you do,
with all convenient speed, transmit a report of the actual state report on
and quality ( jf the soil at and near the said intended settlement, * "^ =^1 •
the probable and most effectual means of improving and cultivating
the same, and of the mode, and upon what terms and conditions,
according to the best of your judgement, the said lands should be
granted, that proper instructions and authorities may be given
to you for that purpose.

And whereas it is our royal intention that every sort of inter- All inter-
course between the intended settlement at Botany Bay, or other fore^g^i ports
place which maybe hereafter established on the coast of New South prohibited.
Wales and its dependencies, and the settlements of our East
India Company, as well as the coast of China, and the islands
situated in that part of the world, to which any intercourse has
been established by any European nation, should be prevented
by every possible means : It is our royal will and pleasure that
you do not on any account allow craft of any sort to be built for >'o sailing

'' vessels to

the use of private individuals which might enable them to effect be built,
such intercourse, and that you do prevent any vessels which may
at any time hereafter arrive at the said settlement from any of
the ports before mentioned frf)m having communication with any No com-
of the inhaljitants residing within your Government, without lirst from ship
receiving especial permission from you for that pux'pose. *° shore.

G.R.

Siu Charles Middletox to Under Secretary Nepeax.*

Dear Sir,

The Navy Board, in contracting for the victualling of the yictuaiiingr
convicts on their passage, have observed the same rule that has

* No date or address ; the letter, a i)rivate one, was sent, apparently, in April, 1787, to
Under Secretarj- Nepean.

92

HISTORICAL RECORDS OF XEW SOUTH WALES.

1787

Abundance.

No altera-
tion.

Provisions,
&c., for the
sick.

Two years'
allowance.

been always followed with soldiers onboard of transports — that is,
two-thirds of what is allowed to the troops serving in the West
Indies, spirits excepted.

When it is considered that the confinement on shipboard will
not admit of much exercise, this allowance will be found more
advantageous to the health of the convicts than full allowance,
and when compared to bread and water, which I take for granted
is the prison allowance, may be termed abundance.

For these reasons, and tlie impossibility of altering the contracts
without adding considerably and unnecessarily to the expence of
the public, and probably increasing the mortality by detaining the
transports in this climate, I am of opinion no alteration should
take place.

In consequence of a letter lately received from the Treasury, the
contractor proceeds to Portsmouth on Saturday to furnish the sick
with fresh provisions and vegetables, and which may be extended
to ye convicts and marines in general if an order is sent from the
Treasury for that purpose, as also wine for ye sick ; and if flower
is preferred to rice. Captain Philips may direct a preference on ye
passage, and repay it out of the storeships on their arrival, but the
substitute of r-ice for flower is agreable to ye Army contract, and
so paid by the Treasury.

In short, the convicts cannot suffer from short allowance, as they
are provided with two years' stock of provisions, independent of
what is laid in for their j^assage. I am, &c.,

Chas. Middletox.

Lord Sydney to Governor Phillip.
27 April. Sir, Whitehall, 27th April, 1787.

I transmit you herewith his Majesty's commission* under

the Great Seal appointing you Captain-Genei'al and Governor-in-

Chief of the territory of New South Wales, together with a

Com- commission, also passed under the Great Seal, for establishing a

instructions! ^ourt of civil jurisdictionf within the said territory, and instructions

under the Royal Sign Manual | for your guidance in the execution

of the affairs of the territory to which you are appointed Governor.

The commission for the trial of pirates, and that appointing

you Vice- Admiral, and for other officers to form an Admiralty

Court, I find are not yet compleated, but those commissions will

be sent to you. I am, &c.,

Sydney.

Major Ross to Under Secretary NEPEAN.g
Dear Sir, Portsmouth, 27th April, 1787.

Anxieties. Before I bid a long farewell to you and home, will you give

me leave to remind you of my being about to leave Mrs. Ross and
very small tho' numerous family behind me.

'Ante, p. 61.

t Ante, pp. 70-70. J Ante, pp. 85-91.

§ A private letter.

MAJOR ROSS AND HIS FAMILY. 93

I believe that you are no stranger to my circumstances in life ; 1787
and that you know my daily pay to be the whole of the fortune 27 AjJi-ii.
I am possessed of, to support and educate them, as well as to
maintain myself.

But do not, my dear sir, be alarmed, and suppose me about to
solicit your assistance for an addition to this income, for, in truth,
that is not my design.

3Iy only view in mentioning the situation in which cruel necessity Provision for
compels me to leave Mrs. lloss and my young family is, that in
case any accident should deprive them of their all, in depriving them
of me, you will then permit me to hope that your friendly assist-
ance and interest shall be employ'd in endeavoui'ing to procure for
the widow and fatherless some compensation from the public.

As you are yourself both a husband and a father — both of
which may you long continue to be in peace, health, and happi-
ness— you will the more readily enter my present feelings, and the
more easily excuse this application. Could I but be assured that
INIrs. Ross and little ones would have your friendship to plead
their cause in support of their claim, my oppress'd mind would
then be reliev'd in some measure from a weighty load of the care
and anxiety which you must naturally suppose me, at this time, a load
to suffer on their account. of care.

I have now only to add that this is the first instance in which
the cordis of marines has been employ'd in any way out' of the An oppor-
usual line of duty, and as I firmly believe that any part of it being the marine
so employ'd is entirely owing to your friendly wish of drawing
the coi'ps forth from that subordinate obscurity in which it has
hitherto moved, — impress'd with this belief, permit me to offer
you my own as well as the sincerest thanks of the ofiicers of the
detachment under my command, for the generous opinion you
have shown in favour of the corps, and to assure you that every
nerve shall be strain'd in the faithful and diligent discharge of
oui- duty, and I entertain not a doubt but that the conduct of
the whole will be such as will not only do credit to your recom-
mendation, but give satisfaction to the Administration. These
much-wished-for objects obtain'd, I shall then ardently hope that
what you once hinted to me might be the consequence, will, with
your assistance, take place, and that we shall no moi'e return to our
original obscurity, but become an active corps of your own creation, ^.n active

Adieu, my dear sir, and with real esteem and regard, believe ''^"i'*-

me, Arc, 11, Ross.

Lord Sydney to Goveunor Puilup.

Sir, Whitehall 28th April, 1787.

The King judging it necessary, in case of your death or
absence from your Govei'imieut of the territory of New South ^s April.
Wales, that an officer properly qualified to execute that trust
shall be appointed to succeed you, and that a dormant commission

94

HISTOmCAL RECORDS OF NEW SOUTH WALES.

1787

27 April.

Hunter's
dormant
commission.

3 May.

Sailing
orders for
Botany Bay.

5 Maj'.

Phillip may
leave tlie
convoy.

5 May.

Spirits for
the marines.

for that purpose should be in your possession, his Majesty has
been pleased to name Captain John Hunter, second captain of
his Majesty's ship the Sirius, to be Governor of the said territory
in either of those events, and to sign a commission for that
purpose, which I herewith send you.* I am, &c.,

, Sydxey.

Governor Phillip to Secretary Stephens.
Sir, [London] May 3d, 1787.

You will please to inform the Right Hon'ble the Lords
Commissioners of the Admiralty that I have received their Lord-
ships' order for the Hytiena's going one hundred leagues to the
westward with his Majesty's ship under my command, and the
order respecting the Supply, tender, as likewise their Lordships
order to proceed to Botany Bay, on the coast of New South
Wales, which orders I shall carry into execution with all possible
expedition. I have, (fee,

A. Phillip.

Lord Sydney to the Lords op The Admiralty.!
My Lords, Whitehall, 5th May, 1787.

As it may be expedient for Capt. Phillip to arrive upon
the coast of New South Wales previous to the convoy under his
protection, in order to fix upon an eligible spot for their settle-
ment, and to make proper arrangements for the landing of the
marines and convicts, I am commanded to signify to your Lord-
ships the King's pleasure that you do authorize Captain Phillip,
upon his leaving the Cape of Good Hope, to proceed, if he thiiiks
fit, to the said coast of New South Wales in the Supply, tender J,
leaving the convoy to be escorted by the Sirius to the rendezvous
which he may fix upon. [No signature.]

Lord Sydney to Governor Phillip.
Sir, Whitehall, 5th May, 1787.

It has not been thought advisable that the detachment of
marines intended to be landed on the coast of New South Wales
shall be constantly supplied with wine or spirits, but as it may
happen that the service upon which they may be employed
may require such an addition to the ration with which they are
directed to be supplied, I am commanded to acquaint you that
upon your arrival at Rio de Janeiro, or at the Cape of Good
Hope, you have permission to order the Commissary to purchase
such a quantity of spirits or wine for their use as he can obtain

* Not recorded.

t This letter is not signed, but it is obviously from Lord Sydney.

X This proposal was carried out by Phillip, but owing to the bad sailing of the Supply he
arrived at Botany Bay only one day before the Alexander, Scarborough, and Friendship, and
two days before the Sirius, Charlotte, Prince of Wales, and Ladj' Penrhyn. See Phillip's
letter to Lord Sydney, post, p. 121.

yiCE-ADMIRALTY COURT. 95

for ,£200. You will order him to draw bills upon the Ti'easury 1787
for that sum, and cause the said wine or spii'its to be issued to siiay.
the said marines at such times and in such proportions as you
may judge requisite ; you will, however, observe that no further
quantity of wine or spirits will hereafter be allowed for that

purpose. I am, etc.,

Sydxey.

Lord Sy'^dxey' to Goverxor Phillip.

Sir, Whitehall, 5th May, 1787.

By your instructions under the Royal Sign Manual, you
are referred to the Lords Commissioners of the Admiralty for
permission to discharge forty of the petty officers and men l^e-
longing to the Sirius, in case you should hereafter have it in your
power to dispense with the service of that ship, but it has since
been determined that after your arrival at New South Wales Seamen
your proceedings should be regulated by the Secretary of State, Slgcharfed
and I am in consequence to signify to you that you have jjer-
mission to discharge as many of the said forty petty officers and
seamen from the Sirius as you may think proper, whenever you
may determine to send that ship to England, and also to discharge
twenty petty officers and men from the Supply, tender, in like
manner, in case you should order the said tender to return home,
provided that there be left on board the said ship and tender a
sufficient number of men to navigate them during the voyage.

You have also permission, if you should tind it necessary, to
<lischarge from time to time from the Sirius or the Supply, tender,
any of the marines belonging to the detachment appointed to
serve on shore whenever any event shall take place to reduce
the number of which the said detachment now consists.

I am, &c.,
Sydney.

Letters Patent Constituting the Vice-Admiralty Court.
(Ieoroe the Third by the Grace of God of Great Britain France commission
and Ireland King Defender of the Faith. To our trusty and well- to form a
beloved Arthur Phillip Esquire our Captain-General and Governor- Admiralty
in-Chief of the territory called New South Wales extending from *^'°""'
the Northern Cape or extremity of the coast called Cape York in the
latitude of ten degrees thirty-seven minutes south to the southern
extremity of the said territory of New South Wales or South Cape
in the latitude of forty-three degrees thirty-nine minutes south
and of all the country inland to the westward as far as the one
hundred and thirty-fifth degree of east longitude reckoning from
the meridian of Greenwich including all the islands adjacent in the
Pacific Ocean within the latitude aforesaid of 10" 37' south and
43^ 39' south and our Captain-General and Governor-in-Chief of
the said territory called New South Wales for the time being,

96

HISTORICAL RECORDS OF NEW SOUTH WALES.

1787
5 May.

Act of
Parliament
recited, 11 &
12 Win. Ill,
c. 7.

Trial by

Coinniis-
sioiiers.

Power to

commit

and to
assemble a
Court of
seven
members.

or three,
who should
have power
to summon
four more.

Robert Ross Esquire, Lieutenant-Governor of the said territory
called New South Wales and the Lieutenant-Governor of the said
territory for the time being,

Andrew Miller Esquire, Commissary of Stores and Provisions in
the said territory called New South Wales, and the Commissary
of Stores in the said territory for the time being,

Augustus Alt Esquire, Surveyor of Lands in the said territory
called New South Wales, and the Surveyor of Lands in the said
territory for the time being,

John Hunter Esquire, second Captain of our ship Sirius, William
Bradley Esquire, first Lieutenant, Philip Gidley King Esquire,
second Lieutenant, and George William Maxwell, third Lieutenant
of the said ship Sirius, Henry Lidgbird Ball Esquire, Lieutenant
and Commander of the Supply, armed tender, and ail other Captains
and Commanders of our ships who are or shall be within the Ad-
miralty jurisdiction of the said territory called New South Wales,

Greeting :

Whereas by an Act of Parliament made in the eleventh and
twelfth year of the reign of our late Royal Predecessor King
William tlie Third intituled an Act for the more effectual suppres-
sing of Piracy (reciting as therein recited) it is amongst other
things enacted that all piracies, felonies or robberies committed
in or upon the sea or in any haven, river, creek or place where the
Admiral or Admirals have power authority or jurisdiction may be
examined, enquired of, tryed, heard, and determined and adjudged
according to the directions of the said Act in any place at sea or
upon the land in any of his said late Majesty's islands, plantations,
colonies, dominions, forts or factories to be appointed for that
purpose by his said late Majesty's Commission or Commissions
under the Great Seal of England, or the Seal of the Admiralty of
England, directed to all or any of the Admirals, Vice-Admirals,
Rear- Admirals, Judges of Vice- Admiralties or Commanders of
his said late Majesty's ships-of-war, and also to all or any such
person or persons officer or officers by name or for the time being
as his said late Majesty should think lit to ajipoint :

Which said Commissioners should have full power jointly or
severally by warrant under the hand or seal of them or any one
of them to commit to safe custody any person or persons against
whom information of piracy, robbery or felony upon the sea should
be given upon oath and to call and to assemble a Court of
Admiralty on ship-board or upon the land when and as often as
occasion should require, which Court should consist of seven
persons at the least :

And it is thereby further enacted that if so many of the persons
aforesaid could not conveniently be assembled, any three of the
aforesaid persons, whereof the president or chief of some English
factory or the Governor, Lieutenant-Governor or member of his

THE VICE-ADMIRALTY COURT. 97

said late jNIajesty's Council in any of the plantations or colonies ^"^^^
aforesaid or Commander of one of his late Majesty's ships was 5 May.
always to be one (should be one), should have full power and
authority by virtue of the said Act to call and assemble any
other persons on ship-board or upon the land to make up the
number of seven :

And it is thereby also provided that no persons but such as were
known merchants, factors or planters or such as were captains
lieutenants or warrant officers in any of his late Majesty's ships-of- Qualifi-
war or captains, masters or mates of some English ship should be ^"'^^^°"^-
capable of being so called and sitting and voting in the said
Court :

And it is thereljy further enacted that such persons, called and
assembled as aforesaid, should have full power and authority power to
according to the course of the Admiralty to issue warrants for '^^".'^ ^f"

!•• ir.-iiTn. rants of

bringmg up any persons accused or piracy or robbery before them arrest, to
to be tryed heard and adjudged, and to summon witnesses and take witnesses,
informations and examinations of witnesses xipon their oath, and to take
to do all things necessary for the hearing and tinal determination and to°^'
of any case of piracy robbery and felony, and to give sentence and rro"o™ce
judgement of death, and to award execution of the offenders con-
victed and attainted as aforesaid according to the civil law and
the methods and rules of the Admiralty, and that all and every
person and persons so convicted and attainted of piracy and rob-
bery should have and suffer such losses of lands, goods, and chattels
as if they had been attainted and convicted of any piracies, felonies,
and robberies according to a statute made in the twenty-eighth
year of the reign of King Henry the Eightli for tryals of treasons, 2s Hen.
felonies, robberies, murthers and confederacies commited upon the ^^^^' '^- ^^•
sea :

Which said first-recited Act by another Act made in the fifth
year of the reign of our late Royal Predecessor Queen Anne, was
continued from the expiration thereof for the further term of seven
years and from then to the end of the then next session of Parlia-
ment which by another Act made in the first year of the reign of
our late Royal Ancestor King George the First was revived from
the twenty-ninth day of September 1715 and was to be in force
during the continuance of that Act which was to continue for five soco. i,
years and from then to the end of the next session of Parliam,cnt '';e,'t;tuai'°
and which 1 )y an Act made in the sixth year of the reign of our said
late Royal Ancestor King George the First was made perpetual :

And whereas by one other Act of Parliament made in tlie eighth
year of the reign of our said late Royal Ancestor King George the
First entituled an Act for the more effectual suppression of Piracy
(i-eciting as therein is recited) It is amongst other tilings thereby
enacted that all and every person and persons therein and thei-eby
declared to be guilty of or accessory or accessories to any piracy
H

98 HISTORICAL EECORDS OF NEW SOUTH TV ALES.

1787 felony or robbery sliall and may be enqnired of, heai'd, determined

5 May. and adjudged of and for all or any the matters contained in the

Procedure ^^^^ last-recited Act according to the said statute made in the

eleventh and twelfth years of his late Majesty King William the

Third and that all and every person being thereupon attainted and

convicted should have and sutFer such pain of death and loss of

Punishment lands goods and chattels as pirates and robbers ought by the said

tk)n.°""'^ Act of the eleventh and twelfth years of his late Majesty King

William the Third to suffer :

Now know ye that in pursuance of the said recited Act of the
eleventh and twelfth year of the reign of his said late Majesty
King William the Third and of the eighth year of our said late
Royal Ancestor King George the First, of our special grace certain
knowledge and meer motion have made constituted and appointed
Commis- and by these presents do hereby constitute and appoint you the
appoi"ted. ^^^^ Arthur Phillip Esquire, and our Captain-Genei-al and Gover-
nor-in-Chief of the said territory called Xew South Wales for the
time being,

Robert Ross Esquire, and our Lieutenant-Governor of the said
territory called Xew South Wales for the time being,

Andrew Miller Esquire, and the Commissary of Stores and Pro-
visions of the said territory called Xew South Wales for the time
being,

Augustus Alt Esquire and the Surveyor of Lands in the said
territory called Xew South Wales for the time being,

John Hunter, William Bradley, Philip Gidley King, George
William Maxwell and Henry Lidgbird Ball Esquire and the Captain
and Commander of our ships who are or shall be within the Admi-
ralty jurisdiction of the said territory called Xew South Wales

To be our Commissioners at the said territory called Xew South

Wales for the examining, enquiring of, trying, hearing and deter-

Jurisdiction' mining and adjudging according to the directions of the same Acts

of the Court. -^^ ^^^ place at sea or upon the land at the said territory called

Xew South Wales, all piracies, felonies and robberies and all

assessories thereunto committed or which shall be committed in or

upon the sea or within any haven, river, creek or place where the

Admiral or Admirals have power authority or jurisdiction :

Commis- And you the said Arthur Phillip Esquire and our Captain-

sioners. General and Governor-in-Chief of the said territory called Xew

South Wales for the time being :

Robert Ross Esquire and our Lieutenant-Governor of the said
territoiy called Xew South Wales, for the time being,

Andrew Miller Esquire and the Commissary of Stores and
Provisions of the said territory called Xew South Wales for the
time being,

Augustus Alt Esquire and the Surveyor of Lands in the said
territory called Xew South Wales for the time being,

THE YICE-ADMIRALTY COURT. 99

John Hunter, William Bi'adley, Philip Gidley King, George 1787
William Maxwell and Henry LidgV)ird Ball Esquire and the Cap- 5 May.
tains and Commanders of our ships who are or shall be within the
Admiralty jurisdiction of the said tei-ritory called New South
Wales

Our Commissioners at the said territory called New South
Wales for the purposes hereinbefore mentioned We do make,
ordain and constitute by these presents, hereby giving and granting
unto you our said Commissionors jointly or severally by warrant
under the hand and seal of you or any one of you full power and empowered
autliority to commit to safe custody any person or persons against ° '^"■^^^ >
whom information of piracy, robbery or felony upon the sea as
accessory or accessories thereto shall be given upon oath (which
cath you or any one of you shall have full power and are hereby
authorised to administer) :

And to call and assemble a Court of Admiralty on shipboard or and to
upon the land when and as often as occasion shall require, which assemble
Court our will and pleasure is shall consist of seven persons at the
least and if so many of you our said Commissioners cannot conveni-
ently be assembled any three or more of you whereof you the said
Arthur Phillip Esquire, our Captain-General and Governor-in-Chief Commis-
of tlie said territory called New South Wales, or the Captain-General
and Governor-in-Chief of the said territory for the time being.

Or you the said Robert Ross Esquire, Lieutenant-Governor of
the said territory called New South Wales, or the Lieutenant-
Governor of the said territory, for the time being.

Or you the said Andrew Miller Esquire, Commissary of Stores
and Provisions in the said territory called New South Wales, or
the Commissary of Stores and Provisions for the time being,

Or you the said Augustus Alt Esquire, Surveyor of Lauds in
the said territory called New South Wales, or the Surveyor of
Lands in the said territory for the time being,

Or you the said John Hunter Esquire, second Captain of our
ship Sirius, William Bradley Esquire, first Lieutenant, Philip
Gidley King Esquire, second Lieutenant, and George William
Maxwell Esquire, third Lieutenant, of the said ship Sirius, or you
the said Henry Lidgljird Ball Esquire, Lieutenant and Commander
of the Supply, armed tender, or a commander of one of our ships
(as the place of tryall shall appear) to be always one,

Shall have full power and authoi-ity by virtue of the said recited empowered
Acts and these presents to call and assemble any other persons on l?J^^^ '^
shipboard or upon the land to make up the number of seven.

Provided that no persons but such as are known mercliants,
factors, or planters or such as are captains, lieutenants or warrant
officers in any of our ships-of-war or captains masters or mates of Qualiflca-
some English ship shall be capable of being so called sitting and t'ons.
acting in the said Court.

100

HISTORICAL HECOUDS OF NEW SOUTH WALES.

1787
5 Ma^•.

Power of
Commis-
sioners.

Effect of

sentences.

Commission
to be read in
open Court.

Procedure
thereupon.

Court to be
fruided by
statutes and
Commis-
sion.

Authority
to act.

And our further pleasure is, and We do hereby expressly declare
find command, that such persons called and such other persons
liereby authorised and assembled as aforesaid, shall have full power
and authority according to the course of Admiralty to issue war-
rants for bringing any persons accused of such piracy, robbery, or
felony or as accessory thereto, and to give sentence and judgment
of death and to award execution of the offenders convicted and
attainted as aforesaid according to the civil law and the methods
and rules of the Admiralty :

And that all and every person and persons so convicted and
attainted of piracy, robbery, or felony or as accessoiy thereto, shall
have and suffer such losses of lands goods and chattels as if they
had been attainted and convicted of any piracies, felonies, and
robberies according to the aforementioned statute made in the
reign of King Henry the Eighth.

And our express will and pleasure is, and We do hereby direct
and command that so soon as any Court shall be assembled as afore-
said, either on shipboard or upon the land, this our Commission
shall first be openly read and the said Court then and there shall
be solemnly and publicly called and proclaimed, and then the Pre-
sident of such Court shall in the first place publicly in open Court
take the oath mentioned and appointed to be taken by the said
recited Act of the eleventh and twelfth years of the reign of his
said late Majesty KingWilliam the Third, and such President having
taken the oath in manner aforesaid shall immediately administer the
same to every person who shall sit and have a vote in the said
Court upon the tryaUof such prisoner or prisoners as aforesaid.

And lastly We do hereby direct empower and require you our
said Commissioners to proceed act adjudge and determine in all
things according to the powers authorities and directions of the
above-recited Acts and of these presents.

And these presents or the entry or registering thereof in our
High Court of Admiralty shall be unto you and each and every
one of you for so doing a sufficient warrant and discharge.

In witness whereof we have caused the Great Seal of our High
Court of Admiralty of England to be hei^eunto affixed.

Given at London the fifth day of May in the year of our
Lord one thousand seven hundred and eighty-seven and
of our reign the twenty-seventh.

GoDF. Lee Farrant,
Registrar.

7 May

Memorial prom the Marines. "^

Scarborough, transport. May 7th, 1787.
We, the marines embarked on board the Scarborough, who have
voluntarily entered on a dangerous expedition replete with num-

* The memorial is not addressed ; it was intended, apparently, for the officer commanding
the detachment.

MEMORIAL PllOM THE MARINES. 101

herless difficulties, which in the faithful discharge of our duty 1787
we must necessarily be exposed to, and supposing ourselves 5 May.
to be on the same footing as if embarked on board any of his
]\laj's ships of war, or as the seamen and marines on the same
expedition with us, we hope to receive the same indulgence, now
conceive ourselves sorely aggrieved by finding the intentions of
Government to make no allowance of spiritous liquor or wine
nfter our arrival at the intended colony in New South Wales.*
A moderate distribution of the above-ment'd article being spirits,
indispensibly requisite for the preservation of our lives, which "^cessary.
change of climate and the extreme fatigue we shall be necessarily
exposed to may probably endanger, we therefore humbly entreat
you will be pleased to convey these our sentiments to Major
Ross. Presuming, sir, that you will not only be satisfied that
our demand is reasonable, but will also perceive the urgent
necessity there is for a compliance with our request, flatter
ourselves you will also use your influence to cause a removal of
the uneasiness we experience under the idea of being restricted
in the supply of one of the jirincipal necessaiys of life, without
which, for the reasons above stated, we cannot expect to survive
the hardships incident to our situation. You may depend on a Hardships
chearful and ready discharge of the public duties that may be
onjoyned us. The design of Government is, we hope, to have a
feeling for the calamities we must encounter. So as to induce
them to provide in a moderate and reasonable degree for our
maintenance and preservation, we beg leave to tender our most
dutiful assurances of executing to the utmost of our power our
several abilities in the duty assign'd, so that we remain in every
respect loyal subjects to our King and worthy members of society

[Signed by the Detachment.]

GovERXOR Phillip to Under Secretary Nepean.
Sir, Portsmouth, 8th May, 1787. 8 May.

Since my coming down I am informed by Major Ross that
the marines who were embai'ked at Plymouth were told by huu
that they were to be victualled in the usual manner after they
were landed in New South Wales, and that they all in general
expected the usual allowance of wine or spirits. He likewise in- Spirits for
forms me that he understood from Lord Howe that they were to *'"= '"''■''"^s-
have such an allowance, as they have no market to go to, and I
fear mucli discontent amongst the garrison. I wish such an allow-
ance could be granted them ; indeed, I fear very disagreeable con- Disagreeable
sequences if they have not tlie same allowance of spirits in the ^^g^fj^g ^j
garrison as the marines and seamen are allowetl on board the refusal.

* The allowance was granted for three years. See letter from Under Secretary Nepean,
post, p. 102.

102

HISTORICAL RECORDS OF NEW SOUTH WALES.

1787

8 May.

10 May.

The liquor
question.

Three
years'
supply.

Sirius, and they certainly were told they should be victualled in
the same manner. Spirits may be purchased in the Brazil.

The contractor promises that everything shall be on board next
Thursday ; if so, I shall be ready to sail the day after.

I have not yet received either the character of the convicts, or
the letter to the Vice-King.* You will be so good as to favor me
with Lord Sydney's final determination respecting the allowance
of spirits. Major Ross has received some letters from the marines,
which he sends to the Admiralty by this day's post.

I have, &c.,
A. Phillip.

Under Secretary Nepean to Goverxor Phillip.

Sir, Whitehall, 10th May, 1787.

It never was intended that the marines, after landing in New
South Wales, should be allowed either wine or spirits, and I am
rather inclined to think that Major Ross must have mistaken Lord
Howe upon that point, for in the estimate of victualling, which was
delivered in with the original plan, it was particularly expressed
that "the usual rations should be given, excepting wine and spirits."

Lord Sydney wishing, however, to i*emove every possible cause
of dissatisfaction, has desired me to acquaint you that he shall
recommend it to the Lords of the Treasury to pay such bills as
you may authorise the Commissary to draw at the places you may
touch at during your passage, for a portion of wine or spirits
sufficient to serve the marines for the space of three years, at
the expiration of which time it must be understood that no
further supplies of that sort will be allowed. I am, &c.,

Evan Nepean.

11 May.

Contractors'
bread.

Governor Phillip to Under Secretary Nepean.

Sirius, on the Motherbank,
Dear Sir, 11th May, 1787.

Since my letter of this morning I have seen the bread which
the contractoi's offered for the convicts, in the room of what was
to be baked, and which could not have been ready before Monday.
It is good, tho' coarse, and I have ordered it to be sent on board
this evening.

The order Major Ross received from the Admiralty i-especting
the marines has the following words : To be properly victualled
by a Commissary. On this they grounded their letters of com-
The marines plaint. But this business is now settled. All are satisfied. I
satisfied. return you Lord Sydney's letter, and hope we shall not give you
any further trouble. Had I sailed when first I came down some
of the ships must have gone short of water, which is not yet
compleat, but will, I hope, this evening ; and we must likewise

* The Portuguese Governor of Rio de Janeiro, at which port the fleet was to put in for
supplies.

PREPARATIONS POR DEPARTURE. 103

have left all the necessaries for the sick behind us (they not 1767
coming down before last night), as well as a great deal of pro- ii May.
visions. In fact, it was not possible to sail before this day, and pgig^
now, unfortunately, the wind is westerly, and blows fresh. The shipping
reason the contractor assigns for not having the provisions on i^'''^^^"^'^^-
board sooner was having only three ovens to bake the bread, and
in doing which he has lost no time since he received the Navy
Board's order. I shall not lose a moment after there is the least
chance of getting down channel ; on that you may depend.

No spirits can be received at present on board any of the ships. Spirits to be
but the greatest economy will be used in purchasing as much as a^EnSi!
the ships can stow when in the Brazil, where it is reasonable.

I have received the warrant for appointing courts-martial, the
articles of war, and the order for the Commissary's purchasing
three years' spirits. The two letters for the Vice-King and the
Governor of the Cape are not yet received ; but I must beg of
you, my dear sir, to point out to the Navy Board that for
women's cloathes I have no resource, and desire them to order The women's
that they may be sent down. The agent for the transports, who clothing.
has corresponded with that Board on this subject, says he has
expected them for some time. Be assured that I shall not wait
a single hour for them after it is possible to sail. I had desired
that the Sirius and Supply, armed tender, might not be paid
the two months' advance till the day before I intended to sail,
and that was done yesterday.

It is not in my power to send you my lists at present more
correct than those you have received from Major Ross, but you
shall have one by the return of the " Hysena," for I hope we
shall not remain here long enough to make it out, as it will take
some days to examine the different ships.

Once more I take my leave of you, fully sensible of the trouble prospective
you have had in this business, for which at present I can only advantages,
thank you ; but at a future period, when this country feels the
advantages that are to be drawn from our intended settlement,
you will enjoy a satisfaction that will, I am sure, make you
ample amends.

Wishing you health, — • I remain, (tc,

■ A. Phillip.

Governor Puillip to Secretary Stephens.
Sir, Sirius, May ll'th, 1787. 12 May.

You will please to inform the Right Honorable the Lords
Commissioners of the Admiralty that the transports having on
Friday evening compleated their pro\isions, and the wind this
morning coming round to the south-east, I made the signal and
got under weigh, but the seamen on board several of the trans- ^^ ^^^^
ports refusing to get their ships under sail, put me under the under weigh.

104

HISTORICAL HECORDS OF NEW SOUTH WALES.

1787

11 Mav.

Refractory
seamen.

Transports

behave

badly.

Clothing left
behind.

Invalids
discharged.

Thanks.

disagreeable necessity of ordering eight men to be taken out of
the Fishburn ; and the seamen on board the Alexander refusing
to pi'oceed to sea unless they were paid what wages were then
due and had permission to go on shore, and that when I was
under sail, I ordered Capt. de Courcey to take out the boatswain
and ten men from that ship, and replace them with men from the
Hya?na, but when I was proceeding to St. Hellen's, finding that
two of the ships that had got under sail anchored at Spithead,
and that several remained at anchor on the Motherbank, where I
had desired Capt. de Courcey to remain till they were all under
sail, I judged it necessary to anchor between the buoys, and
this morning (Sunday) having a fresh breeze at S.E. am again
under sail, and hope the transports will follow, but they ha^•e
hitherto behaved very ill.

It may be necessary to inform their Lordships that the pro-
visions and water on board the transports was not compleated
till yesterday, which jDrevented our sailing sooner, and now we
leave a considerable part of the women's cloathing behind us.

Inclosed is the state and condition of his Majesty's ship under
my command. I have, kc,

A. Phillip.

Ma.tor Koss to Secretary Stephens.

His Maj's. ship Sirius, Mother Bank,

Sir, 12th May, 1787.

You will please to inform my Lords Commissioners of the
Admiralty that the shijis are now getting under sail, with a fair
wind, and that I have not time to comply with their order for an
effective list to be sent in the correct manner I wish it, but that
it shall be sent by the Hysena, on her return*; and as I have
discharged from the detachment all the non-commissioned officers
and private men who are not sufficiently recovered to be received
again, and the commanding officer thinks the mode correct and
proper, all of them belong to this division, and have not contracted
any additional debt since they embarked, I hope their Lordships will
find that [the list] answer the purpose untill the other can be sent.

I have likewise, in the name of- the whole of the detachment,
to offer to their Lordships their most sincere and grateful acknow-
ledgments for their wonted goodness and attention to everything
that could I'ender their situation comfortable, and, at the same
time, am desired to assure their Lordships that if a most strict
and faithful discharge of their duty will evince their gratitude
they shall still hope for a continuance of their protection.

I feel myself particularly fortunate in joining with the officers
in expressing their sense of the honour their Lordships hav6 done
us by the very particular and flattering attention which they have
been pleased to pay to us on all occasions. I am, ifec,

R. Ross, Major.

* Post, p. T06.

SAILING OF THE PIllST FLEET. 105

Governor Phillip to Secretary Stephens.* 1787

Sirius ; latitude, 47° 57'; longitude, 12^ 14' 30",

►^ii', May 20th, 1787. 20 May.

You will please to inform my Lords Commissioners of the
Admiralty that his Majesty's ship Sirius, under my command,
with the Supply, armed tender, and the transports intended for
the coast of New South Wales, being nearly one hundred leagues
distant from the entrance of the English Channel, I have, pur-
suant to their Lordships' orders, directed Capt. de Courcey to
return to Plymouth, sending dispatches by him for the Right Despatches;
Hon'ble Lord Sydney.

And you will, sir, inform their Loixlships that the Fishburn
having left five of her people on shore, and Caj^t. de Courcey
having assisted her with three men, who the master has requested Transfers.
may remain, I have given Capt. de Courcey orders to discharge
them from the Hyaena, it being with his consent and that of the
people's that the master of the Fishburn has made this request.

Nothing particular has happened since we sailed from Ports-
mouth.

Inclosed you will receive the state and condition of his Majesty's
ship Sirius, but there is too much sea to send on Ijoard the Supply Sirius.
for her weekly account, or to get any return of the marines or
convicts from the diiFerent transports. I have, &c.,

A. Phillip.

Governor Phillip to Under Secretary ISTepean.I
Dear Sir, Sirius, May 20th, 1787.

As we are now nearly one hundred leagues clear of the
Channel, the Hyaena leaves us this evening to return to Plymouth, The Channel
Jjut the sea runs too high to send on board the different tians- '■'''^'■'^''•
ports to get any particular account of the state of the convicts.
r have, therefore, only to repeat what I said in my last from the
Motherbank, that a great joart of the women's cloathing was not ciothintr
come down from London when we sailed, nor did I receive the '*"" ''ehind.
letters for the Vice-King. The Provost-Martial, who had not been a nu.ssin-
.since seen for a considerable time before we sailed, is left behind. Mai^hai.
As it will be very necessary to have such an officer on the spot,
I have ordered Mr. Henry Brewer to act as such, and shall be
glad if he is approved of. I enclose a copy of the last returns,
and shall send you a more particular account fi-ctm TenerifF. At
present our motion is such that I find it very difficult to sit at
tal)le, but the weather is good, and tho' the Charlotte and Lady
Penrhyii sail very badly, the clearing the Channel is one great All ditti-
point gained, and with which I look on all our difficultys as ".fj.ui.''''
<'iided. T am, &c.,

A. Phillip.
Latt., 47° 57'. Long., 12° 14' 30". AVind, W. by N.

* Sent by the Hyccna. t A private letter, sent by the Hya;na.

106

HISTORICAL RECOEDS OF NEW SOUTH WALES.

1787

20 May.

A convict
plot.

Return by Major Ross.*

One Major, 2 Captains, 2 Captain-Lieutenants, 9 First Lieuten-
ants, 3 Second Lieutenants, 1 Adjutant, 1 Quarter-master, 1 Judge-
Advocate, 12 sergeants, 12 corporals, 8 drummers, 160 privates.

Major C ominanding : — Robert Ross.

Captains : — James Campbell and John Sliea.

Captain- Lieutenants : — James Meredith and Watkin Tench.

First Lieutenants: — James Maxwell, John Creswell, John
Poulden, John Johnstone, James Maitland Shairp, George Johnston,
Robert Kellow, Thomas Davey, Thomas Timins.

Second Lieutenants : — Ralph Clarke, William Faddy, William
Collins.
Adjutant Second Lieutenant : — John Long.

Quarter-master First Lieutenant : — James Furzer.

Judge-Advocate : — David Collins.

Total, 20.

Governor Phillip to Under Secretary Nepean.I
My Dear Sir, Sirius, May 20th, 1787.

Since I sealed my letters I have received a report from the
officers on board the Scarborough respecting the convicts, who, it is
said, have formed a scheme for taking possession of the ship. J I have
order'd the ringleaders on b'd the Sirius, and should not mention
the affair at this moment, as I have no time to enter into par-
ticulars, but that I suppose it will be mention'd in letters from
that ship. I did intend to write to Lord Sydney, but it is late,
and I wish the boats on board the different ships. You may
assure his Lordship of my respects, and tell him the reason that
prevents my writing to him. I am, &c.,

A. Phillip.

Compliments and good wishes to Mr. T. Townshend.§

5 June.

At Santa
Cruz.

Improved
health of the
convicts.

Amm'nition
forgotten.

Governor Phillip to Lord Sydney.||

Sirius, at S'ta Crux [Teneriffe],
My Lord, June 5th, 1787.

I have the honor to inform your LordshijD that I anchored
here the 3rd inst., with his Majesty's ship under my command,
the Supply tender, store-ships, and transports. By the inclosed
list your Lordship will see that the convicts are not so sickly as
when we sailed, and while we remain here the Commissary will be
able to procure them fresh meat at a very moderate expence.

I understood when the marines, who were to form the garrison,
were embarked that they would be furnished with ammunition :

* Sent by the Hysena.ante, p. 104.
t A private letter, sent by the Hyaena.
i See letter from Pliillip to Nepeaii. Post, p. 108.

§ The Hon. John Thomas Townshend, Lord Sydney's son. At the time this letter was
■written he was one of the Under Secretaries of the Home Department.
II A similar despatch was sent to the Admiralty.

THE FLEET AT SANTA CRUZ.

107

but since we sailed find that they were only supplied with what 1787
was necessary for immediate service while in port, and we have 5 june.
neither musquet balls noi- paper for musquet cartridges, nor have
we any armourer's tools to keep small arms in repair.

I am therefore to request that your Lordship will be pleased to The women's
give orders that those articles may be sent out by the first ship, again. "
and for which, as well as for the women's cloathing that was left
behind, we shall be much distressed. I hope the transports will
be able to compleat their water by the 9th, and shall not lose an
hour after that is done. I have, ifec,

A. Phillip.
[Enclosure.]
State of the Sick Convicts and Marines, June 4, 1787.

Ships.

4j)

Bo

■i-3

C

1

a

0

a

>

0

2

CD

5

+5

0

£

8

CO

0

Charlotte —

Marines

• • •

• . •

...

...

1

• . •

1

. * .

Convicts

1

1

2

i

6

2

2

1

Alexander —

Marines

• • t

> > *

...

2

* , ,

• . •

Convicts

9

• • <

...

..

6

1

"5

5

Scarl)oroiigh —

Marines

1

• ■•

. . ■

. . .

...

Convicts

4

"i

. . .

. . •

4

*. .

...

Friendship —

Marines

...

...

Convicts

1

. . .

. . .

16

1

...

Lady Penrhyn — •

Marines

Convicts

'4

'4

...

"2

"i

Prince of Wales —

Marines

2

. . .

...

Convicts

I

3

...

"3
10

...

...

...

1

20

3

2

30

5

9

1

*8

Total number sick, 81. * Since May 13,

John White.

Governor Phillip to Under Secretary Nepean.

My Dear Sir, Sta. Crux, 5th June, 1787.

I have the pleasure of informing you that I anchored hero

the third, late in the evening, and by the returns, made to Lord

Sydney, you will see that the convicts are in a bettei' state than

when we sailed.

The procuring fresh meat being al)solutely necessary, and purchase ot
wishing that it should be done with as little expence to Govern- fresh meat.

108 HISTORICAL RECORDS OF NEW SOUTH WAJ.ES.

1787 ment as possible, I have ordered bread to be issued to the marines
G June, and convicts from the store-ships, for it could not be got here
but at a very high price. The butter intended for the use of the
garrison will be good for very little, and much wasted before we
Butter. land, from being in single firkins. A proportion of butter I have
therefore ordered also to be served while Ave remain here, and by
which means the marines and convicts will have fresh provisions
at a less expense to Government (including the value of the biscuit
and butter) than if they had continvied on salt provisions.
No As we have sailed without either musquet cartridges for the

lepaiiiny use of the garrison, or paper or ball to make them, we shall have
tools. none but what little the Sirius can supply. This I have men-

tioned in my letter to Lord Sydney. Nor have we any tools to
keep the small arms in repair, the want of which will put us to
many inconveniences.

In my letters by the Hytena I mentioned the apprehensions
the officers on board the tScarborough were under, and tho' I
did not then think they had reason to be seriously alarmed. As
some of the convicts had behaved very ill, two of the supposed
ringleaders were ordered on board the Sirius, punished, and
then sent on board tho Prince of Wales, where they still remain.
Good Iii general, the convicts have behaved well. I saw them all yester-

behaviour of jg^y f^j, ^]^p fjj.y^ time. They are quiet and contented, tho' there

the convicts. J -^ -, \,-, .

are amongst them some compleat villains.

I shall sail the moment the transports have compleated their
water, and hope that will be done by Saturday or Sunday. The
Sj^auish packet that sails this afternoon gives me this oppoi'tunity
of writing, and I shall leave duplicates to be forwarded by the
next conveyance, as it will be a very considerable time after this
before I shall have an opportunity of writing again.

As the store-ships cannot receive any more wine for the gar-
rison, spirits will be procured for them at Rio de Janeiro.

I have, &c.,
A. Phillip.

Governor Phillip to Under Secretary Nepean.
^'^J""«- Sir, Sta. Crux, 10th June, 1787.

I enclose duplicates of my letters of the 5th inst., since
which nothing has occurred that merits notice. The marines and
A week's convicts have had six days' fresh provisions, and a bill has been
drawn on the Lords of the Treasury for the expence, which
amounted to seventy-six pounds one shilling and nine-pence. The
marines received every day one pound of bread, one pound of
beef, and a pint of wine. The convicts every day three-quarters
of a pound of beef and three-quarters of a pound of bread.
The list enclosed will show the numbers victualled.

fresh
provisions,

THE FLEET AT RIO DE JANEIRO.

109

As the transports will have all their water compleat this eve-
ning, I shall sail in the morning, and have the honour to be with
great esteem, A. Phillip.

P.S. — Three firkins of butter were issued in the six days to the
marines and convicts.

[Enclosure.]

State of the Garrison and Convicts that are on board the

ti'ansports, June 10th, 1787,

Marines, including officers

Mai-ines' wives

Do. children
Chaplain and wife
Surveyor-General
Surgeon and assistants
Servants ...
Men convicts
Women convicts
Children ...

1787
10 June.

Number victualled

Convicts dead since they were embarked

Convict children do. do.

llecd. .H. M. 's jjardon before the ship left England

197

28

17
2

1
5
2

558

192

13

Marines.

1,015

21
3

Convicts.

LlEUTEKAXT Bligh TO SiR JosEPii Banks. — (Banks Papers.)
No. 4, Broad-street, St. George's, East,
Sir, August 6, 1787. 6 Aug-.

I arrived yesterday from Jamaica, and should have in-
stantly paid my respects to you had not Mr. Campbell told me you
were not to return from the country untill Thursday. I have heard
the flattering news of your great goodness to me, intending to
lionor me with the command of the vessel which you propose to go Captain
to the South Seas,* for which, after offering you my most grateful the^Bouiity.
thanks, I can oidy assure you I shall endeavour, and I hope
succeed, in deserving such a trust. I await your conmiands, and
am, with the sincerest respect, Yours, &c.,

Wm. Bligii.

GovERxoR Phillip to Lord Sydney.

My Lord, Rio de Janeiro, 2d September, 1787. 2 Sept.

Having sailed from TenerifFo the lOtli of June, T anchored The Fleet
off this harbour the 5th of this month,! of which I had the honour '^^ ^^'"■
of informing your Lordship by a ship that past us, and the 6th
in the evening anchored in the harbour with the tender, store-
ships, and transports.

I inclose returns of the detachment and of the convicts, who, as
well as the officers and seamen belonging to the ship, continue
very healthy.

• The Bounty.

t As in MS. The correct date s 5th Aug st.

110

HISTOmCAL RECORDS OF NEW SOUTH WALES.

1787

2 Sept.

King.

more
healthy.

In my letter to Mr. Nepean I have mentioned particulars respect-
ing the provisions, spirits, &c., procured here, and I have the honour
Kindness of ^^ assuring your Lordship that every little assistance we have
the Vice- wanted in this port has been most readily granted by the Vice-
Iving,*and to whomlfeel myself under particularobligations forthe
attention he has shown to me and the officers under my command.
The convicts have been very plentifully supply'd with fresh
provisions, and that at a small expense, three-pence three-farths.
a head pr. day, all expenses included. The allowance of meat to
The convicts the convicts has been twenty ounces every day, and they are
much healthier than when we left England. Only fifteen convicts
and one marine's child have died since we sailed from Spithead.
I hope to sail to-morrow, and have the honour to be, &c.,

A. Phillip.

[Enclosure.]

General Return of the four Companies of Marines detach'd to
serve in the settlement in New South Wales, September the 1st,
1787 :—

Fit for Duty : — 1 Major-Commandant, 2 Captains, 2 Captain-
Lieutenants, 9 First Lieutenants, 3 Second Lieutenants, 1 Qr.-
master, 1 Judge- Advocate, 12 Serjeants, 12 Corporals, 8 Drum-
mers, 160 Privates.

Major-Commandant : — Robert Ross.

Ca'ptains : — James Campbell and John Shea.

Captain-Lieutenants : — James Meredith, Watkin Tench, James
Maxwell, George Johnstone, John Cresswell, and Robert Kellow.

First Lieutenants : — John Poulden, John Johnstone, James
Maitland Shairp, Thomas Davey, Thomas Timins.

Second Lieutenants : — William Faddy and William Collins.

Assistant Second Lieutenant : — John Long.

Qr. -master First Lieutenant : — James Furzer.

Judge-Advocate : — David Collins.

R. Ross, Major.

[Enclosure.]

Return of the male and female convicts and their children.
Convicts. September the 1st, 1787 :—

1 Sept.

Marines.

Male.

Female.

Children.

Number on board the
Transports.

Male.

Female.

552

190

7

7

756

* Don Luis de Varconcellos, the Portuguese Governor.

THE FLEET AT llIO DE JANEIRO.

Ill

[Enclosure.]
Report of Sick, 30tli August., 1787,

1787

30 Aug.

Ships.

>

c

OQ

P

'a

o
a
a
>

o

■•5 »

8-3

03

1
o

s

o

s

•3
1

CO

1

0

Charlotte-
Marines

Convicts ...

Alexander —
Marines ..
Convicts

Scarborough-
Marines

Con\-icts ...

Friend.ship^
Marines ...
Convicts ...

Lady Penrhyn —
ilarines ...
Convicts ...

Prince of Wales —
Marines ...
Convicts

1

4
. 1

'. l

i

2

i
i
i'

1

2

2
2

6
9

'i

4

i
1

2

i

2
5

3
6

2

4

'3

Captain
Campbell.

1

1

2

'2
i'6

T
T

child 1

1

Total sick, 81. Total dead since 13th of May, 1787 ...

16

John White.

Governor Phillip to Under >Secretary ISTepean.

Siriu.s, 2nd September, 1787, 2 Sept.

Dear Sir, Rio Janeiro.

By my letters of the 5th and 10th of June from Sta. Recapitula-
Crux I liad the honor of informing you of the impossibility of
receiving any wine on board fur the use of the garrison, that
the marines and convicts received six days' fresh provisions, and
that the Commissary had drawn for £76 Is. 9d., the expences at
that port. I likewise mentioned the slops for the women not
being sent down before we sailed, and the want of musket-balLs Anununi-
and paper cartridges for the use of the garrison, as likewise tools tools!'"
to keep the small arms in repair ; those articles will, I hope, be
sent out in the ship that goes for the bi"ead-fruit.*

The Provost-Martial havinsr remained in England, I recom- Provost-
mended Mr. Henry Brewer as a proper person to fill that post, ""^ *"
and I shall order him to do the duty till I receive instructions on
that head.

With respect to the women's cloathing, it was made of very Defective
slight material, most too small, and in general came to pieces in a clothing.

* The Bounty.

112

HISI'OEICAL EECORDS OF NEW SOUTH WALES.

1787

2 Sept.

Port Praj'ii
avoided.

Rio.

Purchase of
rum.

Fresh

provisions

plentiful.

Spirits.

Cheap

victualling

The price of
spirits.

Wine.

A suhstitute
for bread.

Musket-balls
purchased.

few weeks. If materials are sent out, it will be much cheaper to
Government, and the cloaths will be better made.

A few vegetables could be procured at Sta. Crux. I should
have stop'd for twenty-four hours at Port Priiya, but when off
that port light airs of wind and a strong current making it
probable some of the ships might not get in, I did not think it
prudent to attempt it.

We anchored off Rio Janeiro the 5th of this month [August],
of which I had an opportunity of informing you by a ship that
past us, and the 6th in the evening got into the harbour with the
Supply tender, store-ships, and transports.

I have the pleasure of saying that every assistance we have
wanted in this port has been most readily granted.

One hundred and fifteen pipes of rum has been purchased for
the use of the garrison, when landed, and for the use of the
detachment at this port.

The marines and convicts have had fresh provisions since in
port, and as I found at Teneriffe that three-quarters of a pound
of beef was not sufficient for a convict for the day, and that no
butter or cheese could be procured here, the beef being exceeding
good and very cheap, I ordered each person victualled by the
Commissary a pound and a quarter of beef and a pound of rice,
and to the children of the marines and convicts three-quarters of
a pound of meat and a pound of rice, with vegetables, every day.

The marines and their wives have had the usual quantity of
spirits. The allowance for the convicts when at sea being so small
was the reason I ordered them while in port the same allowance
as the officers and men belonging to the garrison, spirits excepted.
The victualling all those who ai-e under the inspection of the Com-
missary, including fixing and every other expense, amounts to no
more than 3|d. a head per day.

Wine is not to be bought at present but from those who retail
it, there being none in store, consequently is dearer than in general ;
and the rum on our coming in, there being little in the place, rose
more than five-and-twenty per cent.

Thirty pipes of wiiae is the quantity that was ordered for the hos-
pital, but for the above reasons only 15 pipes have been purchased.

One hundred sacks of casada has been purchased, which will be
issued to the convicts when the bread is expended, and will be
cheaper to Government ; it costs only 1 ff 0 20 — 5s. 8|d., and the
sacks being of strong Russia, will be used hereafter in cloathing
the convicts, many of whom are nearly naked.

As the Vice-King offered anything the King's stores furnished
that might be wanted, ten thousand musquet-balls has been pur-
chased from the arsenal, the Sirius not being able to supply the
garrison with a sufficient quantity to serve till ball might be sent
from England.

THE FLEET AT RIO DE JANEIRO. 113

Befoi'e we sailed from Portsmouth two medicine-chests were 1787
titted for the transports that had none, and at TeneriiFe soap was 2 Sept.
bought to repay what the convicts had received before we sailed Medicine-
frora England from the marines. These articles and some few chests and
others were too trifling to draw for on the Treasury, and were paid ^°^^'
by me.

Some expenses have now attended the procuring seeds and plants
that could not be purchased, and it will be necessary to satisfy
those people whose store we have occupied with some tents that Expenses on
have been damaged and sent on shore to air, and where we have ^^°'^*^'
had officers and men since we have been here, with the timekeeper
and the necessary instruments to determine its rate of going,
as likewise the captain of the port, with his boat's crew, who, the
day we came in, attended to give any assistance the transports
might want, we then having only a light air of wind, and this I
do having refused the paying the customary fees, which are paid
by their own merchant's ships, as well as strangers. It is three
pounds twelve shillings on coming in, the same on going out, and Port
five shillings and sixpence a day while they remain at anchor in the ''^^'"S'^^-
port. This was demanded for the transports, but never insisted on,
after I had said it could not be paid, as the ships had King's stores
on board. And as these are such as do not permit vouchers, I
have not thought it right to order the Commissary to pay them,
Imt have drawn on the Treasury for £135, which will besutficient
for the whole. It is little more than half the sum that must have
been paid for the store, had it been hired.

With respect to the convicts, they have been all allowed the Convicts
liberty of the deck in the day, and many of them during the deck^*^*^""
night, which has kept them much healthier than could have been
expected.

It has been necessary that the store-ships might receive the
spirits to move part of the pi'ovisions from them into the trans-
ports, and I am sorry to say that what with some of the provisions
l)eing in very slight casks, and very little attention having been paid
to the stowage, we have had much trouble in moving the casks, and provisions
some tents and slops that were only in wrappers were damaged, 'iii'iased.
I fear many articles will be destroyed before they are landed, and
which it is not now possible to prevent.

Ojily fifteen convicts and one marine's child have died since we Deaths,
left England.

I have been able to procure all such fruits and plants as I Fniitiices
think likely to thrive on the coast of New South Wales, particu- '"'^* ''''*"'''•
larly the coffee, Indigo, cotton, and cochineal.

I hope to sail to-morrow, as I only wait for the accounts to be
settled with the contractor, and ha\ e, &c.,

A. Phillip.

114 HISTORICAL RECORDS OE NEW SOUTH WALES.

1787 Governor Phillip to Under Secretary Nepean.*

2 Sept. Dear Nepean, R,io Janeiro, Sept. 2nd, 1787.

Proposed This is my last letter, as I hope to sail to-morrow. You

a^aTnst^"" know how much I was interested in the intended expedition
Monte against Monte Vedio, and that it was said that the Spaniards

' ^"^ had more troops than I supposed. The following account I have

from a person who was there all the war, and I am certain that
the account is exact : —

One Regiment under ... ... ... 700

Four Companys of Artillery ... ... 400

Dragoons ... .. ... ... ... 400

Two Battalions of Infantry ... ... 700

These were divided on the north and south shores, and in
different towns. Monte Vedio would not have been defended, as
half these troops could not have been drawn together. Of this
you will be so good as to inform the Lords Sydney and Lands-
down ; it will corroborate what I mentioned before I left town.
Exchange of The 2 1st being the Prince of Portugal's birthday, and theVice-
coinpii- King receiving the compliments of all the officers, I waited on
him with those I had presented to him on our arrival. The
Sirius fired 21 guns, having the flag of Portugal hoisted at the
fore-topmast-head, and the Union at the mizen. He seemed much
pleased with this compliment, and we part perfectly satisfied with
Earthquake, each other. Three slight shocks of an earthquiake have been felt
at Trinadade, where the Portuguese still keep a small garrison.

T did intend to send you your wine and Lord Sydney's by this
ship, but now think it will be better to let it go the voyage and
send it by Shortland.

You will, my dear sir, remember me to your colleagues, and
believe me, &c., A. Phillip.

Governor Phillip to Secretary Stephens.

Sirius, 2nd September, 1787.
Sir, Rio Janeiro.

You will please to inform the Plight Hon'ble the Lords

i^i"- Commissioners of the Admiralty that I sailed iv(»n Sta. Crux the

1 0th of June, and when off Port Praya intended to have anchored
for twenty-four hours in order to procure vegetables for the people,
but light airs of wind, and a strong current setting to the S.W.,
making it doubtful if all the ships would be able to get in, I bore
away, and the 5th of August anchored off this harbour with the
Supply, tender, store-ships, and transports, of which I had the
honor of informing their Lordships by a ship that past us for
Lisbon. We got into the harbour the 6th.

Repairs. The Sirius, since we came in, has had the spar and gun decks

caulked, and which was absolutely necessary,, the spar deck having
never been caulked more than once, and both decks leaked very badly.

* A private letter.

THE FLEET AT RIO X)E JANEIRO. 115

Lieutenant Ball having reported the Supply as having too much 1787
head sail, and requested that two feet might he taken from the 2 Sept.
fore yard, and a cloth out of the fore sail, and that a reef might
be taken from the fore topsail, and the topmast shortened, I
haA'e ordered it to be done. The foretop, which was rotten, has
been repaired, and the main deck caulked. The master of the The master
Sirius, Mr. Micah Morton, having unfortunately been ruptured disabled.
from an accident he met with in unmooring the ship at Sta. Crux,
has never been able to do any duty since we left that port, and
the surgeon having repi^esented to me that there did not appear
any probability of his being able to return to his duty, I ordered
the surgeons of the Sirius and Supply, with the surgeon of the in-
tended settlement, to survey him ; by their report, which I inclose,
their Lordships will see the necessity of sending him home, and I
beg leave to assure their Lordships that I have always found him
a very sober diligent officer.

Mr. James Keltie.a master in the Navy, who left England as mate His
of the Fishburn, has replaced Mr. Morton as master of the Sirius.

A midshipman, likewise, in the course of the voyage having met a midship-
with a similar accident, and the surgeon thinking by his returning hJf^e!*^"
to England he might be cured, I have discharged him from the
Sirius, and he returns with the master in a ship that has been to the
southward on the whale fishery and has put into this port to repair.

I likewise discharge a midshipman, and who returns to England
in the same ship, on account of a venereal complaint which being Another

11.,.,,, ^ * (lischaiged.

long neglected is not likely to be cured at sea.

The time-keeper has been put on shore under the care of Lieu- Xme-
tenaut Dawes with the instruments necessary to detei'mine its rate '^^P^''"
of going, which since we left England appears to have been very
regular; it loses at present only 0.95" more in the twenty -four hours
than it did at Portsmouth, when it lost 1.35" in that time.

Rum has been purchased here for the garrison when landed. Rum.
The transports are now ready for sea, and I intend sailing to-
morrow. I inclose the state and condition of his Majesty's ship
Sirius and the Supply, tender, with retuins of the detachment and
convicts, and I think it my duty to inform their Lordships, that
every assistance we wanted has been most readily granted by the
Vice-King. You will, sir, likewise inform their Lordships that the
port charges, which is three pounds twelve shillings, paid by all
merchant ships coming in, and the same going out of port, with
five shillings and sixpence a day while they remain here, was port
demanded for the store-ships and transports, but not insisted on '-•harfe'es.
when I objected to its being paid as they were ships employed by
Government.

Only fifteen convicts and one marine's child have died since we Deaths,
left England. I have, &c.,

A. Phillip.

116

HISTOmCAL RECOEDS OF NEW SOUTH WALES.

1787
3 Sept.

Governor Phillip to Under Secretary Nepean.*

Drafts
on the
Treasiiin

My Dear Nepean, Rio, September 3, 1787.

I have been prevented sailing this morn'g from the accounts
not being yet finally settled, that is, the vouchers not yet sent off.
I sail to-morrow, and at the Cape shall have more time, for here,
as the only one that understands the language, I have been obliged
to be linguist and Commissary. By the master of the Sirivis you
will have some private as well as public letters ; and by a ship
going to Lisbon you will receive this and copies of my public
letters sent by the master, who, as he met with his accident in
doing his duty on board the ship, will, I hope, get some little
Politeness of provision. I have told you in one of my letters how far the V.-
yr^ K- cr King (the same who was here when I past for India) has carried
"' his politeness, and that tho' I desired much to be reed, here as
the capt. of the Sirius only, and for which I had a particular
reason, he refused my request, and gave it out in orders that I
reed, the same honor as himself, that is, as Capt.-General. This
has prevented my having any house on shore, and that for obvious
reasons. I have endeavoured to explain to Mr. Rose why I have
drawn on the Treasury for ,£135. The little matters paid by me
when the ships were at Portsmouth, and the expences here in
procuring seeds and plants that are not publicly sold, could not
be paid for by the Commissary, nor would any satisfaction have
been received from him for the island, as the Patrao Mor and his
people.! To have hired a store on the island would have been
more than the whole sum. The things have been granted as
favors, but returns expected, and I made them first at my own
expence, till I found I was a hundred pounds out of pocket, and
then thought that Government had not been so very liberal to
me as to make it necessary to pay such a compliment. I have
been very unwilling to send Wrotten home, but the young man
since he met with the accident has been anxious to return, and is
not so steady as might be expected for his age. Powell | is a very
good young man, and improves very much. If I can preserve
the seeds and plants procured here, I shall be very indifFereni.
about those articles at the Cape. Sir Joseph Banks will receive
from the master a small box that contains some plants he was
very anxious to procure. The rams are in good health, and my
breeding sows, as well as the ladys, seem well calculated for the
end proposed. I intend making a very short stay at the Cape, as
the ships are now in much better order than when they left
Adieu, my dear friend ; health and happiness attend

Wi"otten.

Fowell.

The live
stock.

England.

* A private letter.

t The letter at this point is not clear. The island referred to is Enchados, a small
island in the harbour, upon which Lieutenant Dawes and two assistants landed for the
purpose of checking the chronometer and making: astronomical observations. Collins,
vol. i, p. xxii. "Patrao Mor" signifies the intendant or captain of the port.

J Lieut. Fowell, of H.M.S. Sirius

THE BOUNTY. 117

you and your good little woman and child. Tell Pollock this is 1787
not a country for shells, and remember me to that family. 3 Sept.

Yours, &c.,
A. Phillip.

Lieutenant Bligii to Sir Joseph Banks. (Banks Papers.)
Sir, Bounty, Spithead, Monday, 5th Nov., 1787. 5 Nov.

I have been very anxious to acquaint you of my arrival
here, which I have now accomplished with some risk. I anchored
here last night, after being drove on the coast of France in a very
heavy gale. However, by persevering, I am now in readyness, or
will be in three days, to receive my final orders. I once before ,
made an attempt to get here,* but was glad to go into the Downs Bounty,
again, altho' of all other places it is one of the most disagree-
able to be in. I think I cannot have much worse weather in
going round Cape Horn, and it is with pleasure I tell you I think
the ship very capable, f This also is another consolation to me, for ^ ,. eapable"
iny ideas of making a ship fit for sea and of those above were ship.
very different, and my conduct in troubling the Navy Board for
alterations cannot be reprehensible, for had I not got ye masts,
yai"ds, and tops all altered I should now be getting ready to go
into the harbour. The master is a very good man, and gives me
every sati.sfaction, and I think between this and the latitude of
GO" south I shall have tliem all in very good order. The conduct
of Nelson J and the gardener is very satisfactory, and Ave all seem
erabark'd heartily in one cause, which I shall cherish as much as
possible. I shall take IS months' provisions, which, with other Arran--e-
supplies, will do very well, and my present intention is that, as I '"ents for
.shall be late round Cape Horn, not to depend on touching there,
but complete my water, if convenient, at Falkland Islands, for if
T get the least slant round the Cape I must make the most of it.
Lord Howe, when I took leave of him, behaved very flatteringly
to me, but he took from me a Mr. Brown you recommended, and
was the best uncommissioned officer I had. He was sent to the
Ariel, commanded by a Lieut. Moorsom, designed for some private
service, who, I am infoi-med, is to be made a master and com-
mander. My surgeon, I Ijelieve, may be a very capable man, but
liis indolence and corpulency render him rather unfit for the
voyage. I wish I may get him to change. The wind and weather
is now very bad, and I fear will continue so for some days ; but I
assure you, sir, T will loose no time in pi'oceeding on my voyage.
As we have effectually got rid of that troublesome application
about Mr. Lockhead, and if T liud no possibility of getting rid of my

* The Bounty was ordered from Lon? Reach to Spithead, 1.5 October.

t The Bounty was unable to weather Cape Horn, and was taken round the Cape of Good
Hope instead. Vide Blif^h's letter to Banks, post, p. -209.

t The Bounty had been fitted out for tlie purpose of convcyin},' tlic bread-fruit tree from
Otalieite to llie West Indies. Nelson was the botanist in eliarge of the plants.

118

HISTOEICAL RECORDS OF NEW SOUTH WALES.

1787

5 Nov.

surgeon's
mate.

surgeon, I think it would be very proper for me to endeavour to get
some young man as surgeon's mate, and enter him as A.B., for I am
A fresh aware how improper any application for one publickly would be at
surgeon or a this crisis. I have just now waited on Lord Hood,* who has not
yet received any orders concerning me. The Commissioner pro-
mises me every assistance, and I have no doubt but the trifles I
have to do here will be soon accomplished. I shall take a pleasure
of informing you of my progress as I go on, and I hope by the
time my business is over here the wind will turn favorable. At
present I could not move with it. I am particularly happy at
receiving your letter of the 25th, and I trust nothing can pre-
vent me from completing my voyage much to your satisfaction.
Difficulties I laugh at whilst I have your countenance, and shall
be always sutficiently repaid whilst I am admitted to subscribe
myself, Yours, &g.,

Wm. Bligh.

[At the foot of this letter is written in Sir Joseph Banks's
hand : " I offered my interest to any surgeon's mate who would go
out as able with C Bligh. "]

10 Nov.

The fleet at
the Cape.

Supplies
p\irchased.

Governor Phillip to Secretary Stephens.
Sir, Sirius, at the Cape of Good Hope, ISTov. 10, 1787.

You will please to inform the Right Hon'ble the Lords
Commissioners of the Admiralty that I sailed from Rio de
Janeii'o the 4th of September, and anchored here the 13th of
October, with the ships under my command. Having immediately
on my arrival requested permission to procure refreshments, and
such provisions as were waiited for his Majesty's ship Sirius
and the Supply, tender, I was informed that the crops of corn
having failed the year before last the inhabitants had been
reduced to the greatest distress, and that I could not be per-
mitted to purchase any flour or bread. I, however, obtained an
order for three days' bread for all the ships, and as I found on
enquiry that the last year's crops had been very good, I requested
by letter to the Governor and Council permission to purchase
what provisions were wanted for the Sirius and Supply, as
likewise corn for seed, and what was necessary for the live stock
intended to be embarked at this place. The three days granted
for the bread, being expired, leave was given for three days
longer, and which permission was afterwards continued till
23rd, when I received an answer from the Council, who had
taken that time to deliberate on my letter of the 15th, granting
permission to receive bread daily for the use of the ships while
we remained in this port, and the same evening I received a letter
from the Governor granting all my demands.

* Viscount Hood, one of the Lords of the Admiralty.

THE FLEET AT THE CAPE. 1191

Our passage from Rio de Janeiro was very favourable. The 1787
number of sick on our arrival here was twenty marines and loNov. •
ninety-three convicts. The Sirius and Supply had only eiaht ™ •

Sick on board ; and as all the ships were very amply supplied from Rio.
with soft bread, vegetables, and fresh meat, I did not think
it necessary to land any of the sick. Their Lordships will see by Tiie sick not
the returns that there are few sick at present. We are now nu™e™u«-
ready for sea. What live cattle the ships can stow are now cattie,
getting on board, with such grain and seeds as was wanted, and ^'n^'g'eed
I shall sail imnlediately. The remaining so long before I could
obtain leave to procure the necessaries we wanted has detained
me longer in this port than I wished, but it will, I hope, be the
means of keeping the people in health for the rest of the passage.

I inclose a weekly account Mdth the state and condition of the
Sirius and Supply, as likewise returns of the detachment and

convicts. I have, &c.,

A. Phillip.

The Rev. Thomas Walshe to Lord Sydney.*

My Lord,

You have been apprized of the desire of two clergymen of Catholic
the Catholick persuasion which they have to instruct the convicts 'clergymen.
who are of their faith who are destined for Botany Bay. I beg
leave to inform your Lordship of my sentiments concerning their
request. There are not less, probably, than .300, ignorant, you may
imagine, of every piinciple of duty to God and man. The number
is great, and consequently constitutes an object of consequence to
every man who has the happiness of his neighbour at heart.
That the Catholicks of this country are not only of inoffensive
principles, but that they are zealously attached to the constitution
of it, I may presume is well known to your Lordship. For my
part, who am one of those clergymen who wish to take care of
the convicts of my persuasion, I beg to acquaint your Lordship xiie
that if I be so happy as to be permitted to go that I trust my ^'''^^°\''^
endeavours to bring these unhappy people to a proper sense of
their duty as subjects and citizens may be attended with some
salutary coiLsequences. They earnestly desire some Catholick Desire of ti.e
clergyman may go with them, and I trust to the known humanity '^°""^*^-
of Government that a request whicli seems to promise some hopes
of their reformation will not be denied. It is well known that
the.se people will not pay the attention to other ministers which Value of
they do to their own. Perhaps, also, the presence of such may "^""sters.
be of great use to make them readily obey every order of their
governors, and I have no doubt but our conduct will meet the
approbation of them.

I sincerely pity these poor people, not so mucli for the dis-
agreeable situation into which they have brought themselves,
as for the misdeameanours which have made them deserving of it.

* This letter is not dated, but it was written apparently in the year 1787.

120

HISTORICAL HECORDS OF NEW SOUTH WALES.

1787 Yet, I trust, if their ignorance be removed, and their obligations
The priests' as men and Christians be forcibly inculcated to them, that this
mission. may be a means, under Providence, of their becoming useful to
themselves, and perhaps afterwards to their country.

At least this I sincerely wish, nor do I think I can ever be as
happy elsewhere as in the place of their destination, employed in
using my endeavours to bring them out of the wretched state of
depravity into which they have fallen. I entreat, therefore, most
humbly that this, our request, may be granted."* Those poor
people will bless and thank you. I shall take care that they be
not forgetful of their obligations to Government and Lord Sydney.

I have, (fee.
My Lord, Thomas Walshe, Priest.

We are not so presumptuous as to wish support from
Government. "We offer our voluntary services. We hope, how
ever, not to offend in entreating for our passage.

An appeal.

Passages
asked for.

3 Dec

Weather-
bound at
Spithead.

sailing.

1788

26 April.

Surgeon
Bowes.

Captain Bligh to Sir Joseph Banks. (Banks Papers.)
Sir, Bounty, at Spithead, Deci". 3rd, 1787.

Having met with contrary winds and bad weather since my
I was not able to get farther than 7 leagues Avest of the
Isle of Wight. The weather being very thick and the Avind at
west, I thought it not consistent with the good of the voyage to
persist in keeping any longer at sea at this hazardous period of
the year, and therefore came through the Needles and anchored.
The wind blows still fresh at W.S.W., which gives me much
uneasyness, knowing how late I am, which, if I was ever so
negligent, would be a severe spur to get me clear of the channel,
where one unfortunate gale may render all our plans abortive,
but if there is any possibility of my getting away you may rely
on my utmost exertion. f I am, <tc.,

Wm. Bligii.

Governor Phillip to Under Secretary Nepean.
Head-quarters, Sydney Cove,
Sir, 26th April, 1788.

As the surgeon volunteer who was put on board the Lady
Penrhyn transport to attend the convicts was found to be very
unequal to the task, I was under the necessity of desiring Mi-.
Arthur Bowes, surgeon of that transport, to take chai'ge of the
medicines, and attend to the sick, which he did with great atten-
tion. I therefore beg leave to recommend him to your notice, as
he has not received any recompense for his troulile.

I have, (fee,

A. Phillip.

* No reply to this letter has been found amongst the records, but the proposal was not
entertained,
f The Bounty did not clear the Channel until the 23rd December.

I

THE FLEET IN BOTANY BAY. 121

Governor Phillip to Lord Sydney.* 1788

Sydney Cove, New South Wales, is May.

My Lord, May 15th, 1788.

I had the honor of informing your Lordship, by Captain
Cox, who was returning to Europe from ^Madrass, that I was ready
to sail from the Cape of Good Hope, and which I did with the
ships under my command the 12th of November. The 25th, being
eighty leagues to the eastward of the Cape, I left the Sirius,
and went on board the Supply, tender, in hopes, by leaving the Oii board
convoy, to gain sufficient time to examine the country round
Botany Bay, and fix on the most eligible situation for the colony
before the transports arrived. At the same time I ordered the
agent for the transport in the Alexander to separate from the
convoy with that ship, the Scarborough and Friendship, they
sailing better than the others. I had reason to expect their
arrival soon after the Supply's, and by having the labour of the
convicts they had on board much might be done in preparing for
the landing the stores and provisions.

Major Ross now left the Sirius, and went on board the Scar- ''^^'^'^h^"^^
borough, that he might be with that part of the detachment, which scar- ■
would probably be the first landed. borou-h.

Captain Hunter in the Sirius was to follow with the storeships Captain
and the remainder of the transports, and he had the necessary the Sirius.
instructions for his futui'e proceedings, should the Supply meet
with any accident.

The westerly winds we now had continued till the 3rd of gi„j,tin" the
January, when we saw the coast of New South Wales, but the Austraiiau
winds, which had been so favourable, having seldom been to the
eastward, and then for a few hours only, blowing from the N.W.
to the S.W., generally very strong gales, now left us, and we had
variable winds, with a current that at times set very strong to the
southward, so that we did not arrive at Botany Bay before the 18th. Arrival at

The Alexander, Scarborough, and Friendship came in the next " '
day, and the Sirius, with the rest of the sliips, the day after.
Those ships had continued veiy healthy.

The Supply, sailing very badly, had not permitted my gain-
ing the advantage hoped for, but I began to examine the bay as
so(ni as we anchored, and found, that tho' extensive, "it did not ^'« shelter
afford shelter to ships from the eastei'ly winds ; the greater part
of the bay being so shoal that ships of even a moderate draught
of water are obliged to anchor with the entrance of the bay open,
and are exposed to a heavy sea that rolls in when it blows hard
from the eastward.

Several small runs of fresh water were found in different parts rnsatisfac-
of the bay, but 1 did not see any situation to which there was
not some very strong objection. The small creek that is in the
northern part of the bay runs a considerable way into the country,

• The first despatch sent from Sj'dney.

122

HISTOllICAL EECOEDS OF NEW SOUTH WALES.

1788

15 May.

Point
Sutherland.

Port Jack-
son to be
examined.

Three

exploring

parties.

"The
finest har-
bour in tlie
world."

Shippinsr
accommo-
dation.

Sydney
Cove.

The fleet in
Port Jack-
son.

but it had only water for a boat. The sides of this creek are
frequently overflowed, and the lowlands a swamp. The western
branch runs up for a considerable distance, but the officers I sent
to examine it could not find any water, except in very small drains.

The best situation that offered was near Point Sutherland,
where there was a small run of good water ; but the ground near
it, as well as a considerable part of the higher ground, was spongy,
and the ships could not approach this part of the bay.

Several good situations offered for a small number of people,
but none that appeared calculated for our numbers, and where
the stores and provisions could be landed without a great loss of
time. When I considered the bay's being so very open, and the
probability of the swamps rendering the most eligil)le situation
unhealthy, I judged it advisable to examine Port Jackson ; but
that no time might be lost if I did not succeed in finding a better
harbour, and a proper situation for the settlement, the ground
near Point Sutherland was in the meantime to be cleared and pre-
parations made for landing under the direction of the Lieutenant-
Governor.

As the time in which I might be absent, if I went in the Supply,
must have been very uncertain, I went round with three boats,
taking with me Captain Hunter and several officers, that by
examining different parts of the port at the same time less time
might be lost.

We got into Port Jackson early in the afternoon, and had the
satisfaction of finding the finest harbour in the world, in which a
thousand sail of the line may ride in the most perfect security,
and of which a rough survey, made by Captain Hunter and the
officers of the Sirius after the ships came round, may give your
Lordship some idea.

The different coves were examined with all possible expedition.
I fixed on the one that had the best spring of water, and in which
the ships can anchor so close to the shore that at a very small
expence quays may be made at which the largest ships may unload.

This cove, which I honoured with the name of Sydney,* is about
a quarter of a mile across at the entrance, and half a mile in length.

We returned to Botany Bay the third day, where I received a
very unfavourable account of the ground that was clearing.

The ships immediately prepared to go round, and the 25th —
seven days after I arrived in the Supply — I sailed in her for
Port Jackson, leaving Captain Hunter to follow with the trans-
ports, it then blowing too strong for them to work out of the
bay. They joined me the next evening, and all the transports
were moored in the cove.f

* After Lord Sydne.y, Secretary of State.

t This was the 2()th January, the day now observed as Anniversary Day. The British flag
was unfurled at the head of Sydney Cove, toasts were drunk, and volleys of musketry fired,
but the formal proclamation of the Colony did not take place till the 7th February.

I

THE PLEET IN SYDNEY COVE. 123

Two sail had appeared off Botany Bay the 24th, under French 1V88
colours, and anchored there before the Sirius left it — the Bous- 15 May.
sole and the Astrolabe. These ships were commanded by Monsr. ^^ r^use
La Perouse, who, having exprest a desire of sending letters i^'^^^otany
to Europe, I sent an officer over, it being only eight miles, ''^'
to tell him in what time it was probable the ships might sail. ^j^^J^^^^^j^^^^j^
Captain Clonard had left the ship in one of their boats the same a„d the*^"
morning, and Lieut. Shortland, the agent for the transports, is Astrolabe.
charged with the letters he brought. They are addressed to the
French Ambassador. The officer I sent over was informed that
Monsr. La Perouse sailed from France in June, 1785 ; that he
had been to Sta. Catherina, had run along the coast of Chili and
California, and had been at Easter Island, Noatka Sound, Cook's
River, Kamtschatka, Manilla, Isles des Navigateurs, Sandwich,
and the Friendly Islands. He had, likewise, anchored off Norfolk
Island, but could not land on account of the surf. In this voyage
he had not lost any of his people by sickness, but had lost two
boats' crews in a surf on the north-west part of America, and at
Maouna (one of the Isles des jSTavigateurs) Monsr. De Langle, Misfortunes
capt. of the Astrolabe, was cut off by the natives, with twelve p^gnch. "
officers and men. Many were wounded, and two long-boats he
had on shore destroyed. The ships were then under sail, and
De Langle went on shore to fill some water-casks. The boats
were suffered to ground, and the natives, with whom they had
been on the most friendly terms, and who had supply'd them
with refreshments in the greatest abundance, attacked them when
they were endeavouring to get them afloat. He had forty officers
and men with him, and the ships, being round a point of land,
knew nothing of the accident till the small boats returned. These
ships, while in Botany Bay, set up two long-boats, the frames of
which they had brought from Europe. They sailed the 10th of {^^7^^*^^^°*
March, I believe to return to the northward.

The clearing the gi'ound for the people and for erecting store- clearing the
houses was begun as soon as the ships got round, a lalxmi' of yrou"d.
which it will be hardly possil)le to give your Lordship a just idea.

The necks of land that form the different coves, and near the slow
water for some distance, are in general so rocky that it is sur- progress.
prizing such large trees should find sufficient nourishment, but
the soil between the rocks is good, and the summits of the i-ocks,
as well as the whole country round us, with few exceptions, are
covered with trees, most of which are so large that the removing
them off the ground after they are cut down is the greatest part
of the labour ; and the convicts, naturally indolent, having none to
attend them but overseers drawn from amongst themselves, ;ind who
fear to exert any authority, makes this work go on very slowly.

Your Lordship will permit me to observe that our situation The best
tho' so very different from what might be expected, is neverthe- available.

124

HISTORICAL RECORDS OF NEW SOUTH WALES.

1788
15 May.

No large
water-
courses.

Cultivation

Outbreak of
scur\"\-.

Settlement
of Norfolk
Island.

King as
Command-
ant.

Broken Baj',

less the best that offered. My instructions did not permit me
to detain the transports a sufficient length of time, to examine
the coast to any considerable distance, it was absolutely necessary
to be certain of a sufficient quantity of fresh water, in a situation
that was healthy, and which the ships might approach within a
reasonable distance for the conveniency of landing the stores and
provisions, and I am fully persuaded that we should never have
succeeded had it been attempted to move them only one mile
from where they were landed. There are some parts of this
harbour where the trees stand at a considerable distance from
each other, and where there are small runs of water, which shall
be cultivated when our numbers permit, and when the country
inland can be examined. I make no doubt but some good
situations will be found that have water, which I have never yet
been able to find, either in Botany Bay or in this harbour, but in
very small streams.

Some land that is near, and where the trees stand at a con-
siderable distance from each other, will, as soon as convicts can
be spared, be cultivated by the officers for raising a little corn
for their stock ; and this I have endeavoured to promote as much
as possible, for I fear the consequences if a ship should be lost
in her passage out with provisions.

As there are only twelve convicts who are carpenters, as many
as could Ije procured from the ships have been hired to work on
the hospital and store-houses. The people were healthy when
landed, but the scurvy has, for some time, appeared amongst
them, and now rages in a most extraordinary manner. Only
sixteen carpenters could be hired from the ships, and several of
the convict carpenters were sick. It was now the middle of
February ; the rains began to fall very heavy, and pointed out
the necessity of hutting the people ; convicts were therefore aj)-
jDointed to assist the detachment in this work.

February the 14th the Supply sailed for Norfolk Island, with
Philip Gidley King, second lieutenant of his Majesty's ship
Sirius, for the purpose of settling that island. He only cari'ied
M^th him a petty officer, surgeon's mate, two marines, two men
who understood the cultivation of flax, with nine men and six
women convicts. Their number shall be increased when a small
detachment of marines can be spared. I have the honour of
transmitting your Lordship a copy of the order and instructions
given to that officer,* and I beg leave to I'ecommend him as an
officer of merit, and whose perseverance in that or any other
service may be depended upon.

The 2d of March I went with a long-boat and cutter to
examine the broken land mentioned by Captain Cook, about

* Post, pp. 136-138. King was Superintendent and Commandant of Norfolk Island from
Jlax'ch, 1788, to March, 1790 ; Lieutenant-Governor from November, 1791, to October,
1796 ; Governor of New South Wales, from September, 1800, to August, 1806.

''O

THE nAWKESBURY AND PITTWATER. 125

ight miles to the northward of Port Jackson. We slept in the ^"^®^
1 )oat that night within a rocky point, in the north-west part of 15 May
the bay (which is very extensive), as the natives, tho' very
friendly, appeared to be numerous ; and the next day, after
passing a bar that had only water for small vessels, entered a
very extensive branch, from which the ebb tide came out so
stronfj that the boats could not row against it in the stream ; Brisbane

o Water

and here was deep water. It appeared to end in several small
branches, and in a large lagoon that we could not examine for
want of time to search for a channel for the boats amongst the
banks of sand and mud. Most of the land on the upper part of
this branch was low and full of swamps. Pelicans and variety
of birds were here seen in great numbers. Leaving this branch,
which I called the north-west branch, we proceeded across the
bay and went into the south-west branch, which is very exten-
sive, and from which a second branch runs to the westward. The
affording shelter for any number of ships, and as far as we ij^ry, ^^'
examined there is water for the largest ships, having seven
fathoms at the entrance, and deep water as you go up. But the
almost continual rains pi-evented any kind of survey. Here the
land is much higher than at Port Jackson, more rocky, and
equally covered with timber, large trees growing on the summits
of mountains that appear to be accessible to birds only.

Immediately round the headland that forms the southern
entrance into the bay there is a third branch, which I think the
finest piece of water I ever saw, and which I honoui'ed with the
name of Pitt Water.* It is, as well as the south-west l^ranch, of Pittwator.
sufficient extent to contain all the Xavy of Great Britain, but
has only eighteen feet at low water on a narrow bar which runs
across the entrance. Within the bar there are from seven to
fifteen fathom water. The land here is not so high as in the
south-west branch, and there are some good situations where the
land might be cultivated. We found small springs of water in
most of the co^'es, and saw three cascades falling from a height Return to
which the rains then rendered inaccessible. I returned to Port j^kgon
Jackson after being absent eight days in the boats. Some of the
people feeling the effects f)f the rain, which had been almost
constant-, prevented my returning by land, as I intended, in order
to examine a part of the country which appeared open and free
from timber.

Lieutenant Ball, who commands the Supply, arrived the 19th Ne\vsfroni
of March. He made Norfolk Island on the 29th of Fel)ruary, island.
and was five days Vjefore a place could be found at which it
was possiljle to land the pnjvisicjns, and saw very few places at
which it was possil>le to land a man, so comjileatly do the
rocks surround that island. They succeeded, however, having
found a small opening in a reef that runs across a bay that is at

* In honor of the Prime Minister.

126

HISTOUICAL EECORDS OP NEW SOUTH WALES.

1788
15 May.

The whole
island a
forest.

Valuable
timber.

Lord Howe
Island.

Diseharg-e of
transports.

The first
Criminal
Court.

Incorrigible
thieves.

Agriculture
under

dilfieulties.

Loss of live
stock.

the south end of the island, and the six months' provisions were
all safely landed. Lieut. King describes this island as one intire
wood, without a single acre of clear land that had been found
when the Supply left them, and says that the pine-trees rise
fifty and sixty feet before they shoot out any branches. There
are several other kinds of timber on the island, which, as far as
he could examine it, was a rich black mould, with great quantities
of pumice-stone. The trees are so bound together Ijy a kind of
supple-jack that the penetrating into the interior parts of the
island was very difficult. Several good springs of water were
found, and I apprehend his Majesty's ships in the East Indies
may be supplied from this island with masts and yards, which
will render it a very valuable acquisition. The cultivation of
the flax-plant will be attended to when people can be sent to
clear the ground.

A small island being seen on the passage to Norfolk Island,
Xieutenant Ball examined it on his return, and says it abounds
in turtle, but unfortunately has no good anchoring-ground. He
named it after Lord Howe.* It is in 31° 36' south latitude, and
159° east longitude. Part of this island may be seen sixteen
leagues, and a rock that is five leagues to the southward and
eastward of the island may be seen eighteen leagues.

The Charlotte, Scarborough, and Lady Penrhyn, transports, were
cleared of all their stores and discharged from Government employ
the O-ith and 25th of March, and left at liberty to proceed to
China when they judged proper. The other ships remain till
store-houses can be finished.

Your Lordship will not be surprized that I have been under the
necessity of assembling a Criminal Court. Six men were condemned
to death. One, who was the head of the gang, was executed the
same day ; the others I reprieved. They are to be exiled fi'om
the settlement, and when the season permits I intend they shall
be landed near the South Cape, where, by their forming connexions
with the natives, some benefit may accrue to the public. These
men had frequently robbed the stores and the other convicts.
The one who suffered and two others were condemned for rolDbing
the stores of provisions the very day they received a week's
provisions, and at which time their allowance, as settled by the
Navy Board, was the same as the soldiers, spirits excepted ; the
others for robbing a tent, and for stealing provisions from other
convicts. ,

The great labour in clearing the ground will not permit more
than eight acres to he sown this year with wheat and barley. At
the same time the immense number of ants and field-mice will
render our crops very uncertain.

Part of the live stock brought from the Cape, small as it was,
has been lost, and our resource in fish is also uncertain. Some days

* Admiral Howe, First Lord of the Aduiiraltj-.

NATURE OF THE COUXTRY. 127

great quantities are caught, but never sufficient to save any part 1788
of the provisions ; and at times tish ai*e scarce. is May.

Your Lordship will, I presume, see the necessity of a regular pro^^i^ns
supply of provisions for four or five years, and of clothing, shoes, and clothing
and frocks in the greatest proportion. The necessary implements four or five
for husbandry and for clearing the ground brought out will with years,
difficulty be made to serve the time that is necessary for sending
out a fresh supply.

The labour of the convicts shall be, as is directed, for the public Convict
stock, but it is necessary to permit a part of the convicts to work ^ ""'^'
for the officers, who, in our present situation, would otherwise find
it impossible to clear a sufficient quantity of ground to raise what
is absolutely necessary to support the little stock they have ; and
I am to request that your Lordship will be pleased to direct me
to what extent that indulgence may be granted the officers of the
garrison.

The Sirius shall be sent to the northward to barter for stock, The sinus to
and which shall be employed solely for the purpose of increasing five"stock^°"^
the breed of such cattle as she may procure. The Supply is no
ways calculated for this service, as in the least sea her decks are
full of water.

The very small proportion of females makes the sending out an store women
additional number absolutely necessary, for I am certain your ''''i'^""^
Lordship will think that to send for women from the Islands, in
our present situation, would answer no other purpose than that
of bringing them to pine away in misery.

I have had the honor of informing your Lordship that this Advantages

. of Port

harbour is, in extent and security, very superior to any other that jaciison.
I have ever seen — containing a considerable number of coves,
formed by narrow necks of land, mostly rocks, covered with
timber, and the face of the country, when viewed from the
harbour, is the same, with few exceptions. The neck of land
l)etween the harbour and the coast is mostly sand. Between that
part of the harbour in wliich the settlement is made and Botany
Bay, after you pass the wood which surrounds us, and which in
some parts is a mile and a half, in othei-s three miles across, the
country is a poor sandy heath, full of swamps.

The country towards the head of the bay* is covered with timber,
and liere the land appears less rocky, and the trees stand in some
parts at a greater distance ; but the head of the bay being left dry
in several pai'ts at low water, and the winds being obstructed l)y the
woods and the different windings of the channel, must, I conceive, Country
render this part of the harl)oui' unhealthy till the country can be clearing.
cleared. As far as the eye can reach to the westward the country
appears to be one continued wood.

The timber is well described in Captain Cook's voyage, but RpfnM>tory
unfortunately it has one very bad quality, which puts us to great

♦ Port Jackson.

128

HISTORICAL HECORDS OF NEW SOUTH WALES.

1788

15 May.

Beautiful
\egetatiorL

Flax.

Botanist and

gardener

wanted.

Freestone,
and t-lay
for bricks.

The natives
shy.

Phillip's
observations
upon them.

Confidence
recipro-
cated.

inconvenience; I mean the large gum-tree, which splits and warps
in such a manner when used green, and to which necessity obliged
us, that a store-house boarded up with this wood is rendered useless.
The timber which in its growth resembles the fir-tree warps less, but
we are already obliged to fetch it from some distance, and it will not
float. There are a variety of palm-trees, and the heaths that are
free from timber are covered with a variety of the most beautiful
flowering shrubs, wild celery, spinages, samphose [samphire], a small
wild fig, and several berries, which have proved very wholesome,
particularly the leaves of a small shrub which is found in such
plenty that it has not yet failed us as most of the others have done.
What seeds could be collected are sent to Sir Joseph Banks, as like-
wise the red gum taken from the large gum-tree by tapping, and the
yellow gum which is found on the dwarf palm-tree. The small quan-
tity of flax that has been procured is suttlcient to show the quality,
but the flax-plant described by Capt. Cook I have never met with,
nor had the botanists that accompanied Mons. La Perouse found
it when I saw them, and which was some time after they arrived ;
and here, my Lord, I must beg leave to observe, with regret, that
being myself without the smallest knowledge of botany, I am with-
out one botanist, or even an intelligent gardener, in the colony ; it
is not therefore in my power to give more than a very superficial
account of the produce of this country, which has such variety of
plants that I cannot, with all my ignorance, help being convinced
that it merits the attention of the naturalist and the botanist.

The stone of this country is of three sorts : Freestone, which
appears equal to Portland stone, a bad firestone, and a stone that
appears to contain a large proportion of iron. We have good
clay for bricks, but no chalk or limestone has yet been found.

With respect to the natives, it was my determination from my
first landing that nothing less than the most absolute necessity
should ever make me fire upon them, and tho' persevering in this
resolution has at times been rather diflicult, I have hitherto
been so fortunate that it never has been necessary. Mons. La
Perouse, while at Botany Bay, was not so fortunate. He was obliged
to fire on them, in consequence of which, with the bad behaviour
of some of the transports' boats and some convicts, the natives
have lately avoided us, but proper measures are taken to regain
their confidence.

The few hours I have to collect and put into method the obser-
vations I have made of these people will, I hope, excuse me
to your Lordship for sending only extracts from my journal, as
they have been set down when the little incidents occurred, and
from which a more just opinion of these people may be drawn
than I should perhaps be able to give.

When I first landed in Botany Bay the natives appeared on
the beach, and were easily persuaded to receive what was offered

THE NATIVES. 129

them, and, tho' they came armed, very readily retui-ned the con- 1788
lidence I placed in them, by going to them alone and unarmed, is May.
most of them laying down their spears when desired ; and while
the ships remained in Botany Bay no dispute happened between
our people and the natives. They were all naked, but seemed the nath'es.
fond of ornaments, putting the beads or red baize that were given
them round their heads or necks. Their arms and canoes beinsf
descriljed in " Captain Cook's Voyage," I do not trouble your
Lordship with any description of them.

When I first went in the boats to Port Jackson the natives
appeared armed near the place at which we landed, and were
very vociferous, but, like the others, easily persuaded to accept
what was offered them, and I persuaded one man, who appeared ^. fricncily
to be the chief or master of the family, to go with me to that part
of the beach where the people were boiling their meat. When
he came near the marines, who were drawn up near the place,
and saw that by proceeding he should be separated from his com-
panions, who remained with several officers at some distance, he
stopped, and with great firmness seemed by words and acting to
threaten if they offered to take any advantage of his situation.
He then went on with me to examine what was boiling in the
pot, and exprest his admiration in a manner that made me believe
he intended to profit from what he saw, and which I made him
understand he might very easily by the help of some oyster-shells.
I believe they know no other way of dressing their food but by
broiling, and they are seldom seen without a fire, or a piece of
wood on tire, which they carry with them from place to place, and
in their canoes, so that I apprehend they find some difficulty in
procuring fire by any other means with which they are acquainted.
The boats, in passing near a point of land in the harbour, were intrepidity
seen by a numljer of men, and twenty of them waded into the y^uks
water unarmed, received what was offered them, and examined
the boats witli a curiosity that gave me a much higher opinion
of them than I had formed from the l)ehaviour of those seen in
Captain Cook's voyage, and their confidence and manly behaviour Manly Cove.
made me give the name of Manly Cove to this place. The same
people afterwarfls joined us whei-e we dined ; they were all armed
with lances, two with shields and swords — the latter made <tf
wood, the gripe small, and I thought less formidable than a good
stick. As their curiosity made them very troublescjme when we
were preparing our dinner, I made a circle round us. There was
little difiiculty in making them understand that they were not to
come within it, and they then sat down very quiet. The white The savajje
clay rubbed on the upper part of the face of one of these men '^'^'^'''■''^'^''•
had the appearance of a mask ; and a woman that appeared on
some rocks near which the boats passed was marked with white
on the face, neck, and breasts, in such a manner as to render her
K

130

HISTORICAL RECORDS OE NEW SOUTH WALES.

1788
15 May.

Subjection
of the
women.

The entente
cordiale.

Curious

aboritjinal

customs.

Ill-treat-
ment of the
women.

the most horrid figure I ever saw. They are not often seen
marked in this manner, and it is done only on some particular
occasions. Several women landed from their canoes the mornina:
the boats stopp'd in a small bay near the entrance of the harbour,
when I was going to examine the coast to the northw^ard, and
three of them were very big with child. Ribbons, baize, &c..
they tied round their necks when they were given to them,
Several of them had childi'en with them in the canoes. They
appeared to be less chearful than the men, and under great sub-
jection. Two canoes with three women in each, and one canoe
with a man and woman, came off to us when we were a mile
from the land, and came alongside the boat to receive some fish-
hooks and lines which were offered them.

In Broken Bay several women came down to the beach with
the men where we landed, one of which, a young woman, was
very talkative and remarkably cheerful. They all readily assisted
us in making a fire, and behaved in the most friendly manner.
In a bay in which we landed to haul the seine many of the
natives joined us, and I now observed that the women had lost
two joints of the little finger of the left hand. As they appeared
to be all married women, I supposed it to be a part of the marriage
ceremony, but in going into a hut where there were several
women and children who did not seem inclined to show themselves,
I found one woman, who appeared to have had children, and a
very old woman, on neither of whom this operation had been
performed. There was likewise a child of five or six years of age
that had lost the two joints. It is the women only that suffer this
operation, which, as it must be performed with the shell that
serves them, when fixed at the end of a short stick, as a chisel
for pointing their spears and for separating the oysters from the
rocks, must be a painful one. And as it is only on the little finger
of the left hand that it is performed it cannot be any part of the
marriage ceremony, for I have seen several women with child
whose fingers were perfect, and, as I before observed, a female
child of five or six years of age that had suffered the operation.

I likewise saw some very

young

female children whose finjjers

were perfect. The loins of many of the women appeared as if
they had something of a scrofulous disorder, but which I thought
might be the marks still remaining of a chastisement. They
certainly are not treated with any very great tenderness, and I
believe are mostly employed in the canoes, where I have seen
them with very young infants at the breast. They appear very
obedient to the men, and as they are the weakest, so in this state
of nature they appear to be treated as the inferior. The women,
as well as the men, seem fond of little ornaments, but which they
soon lay aside, and the talkative lady, when she joined us in her
canoe the day after we first landed, stood up and gave us a

song

THE NATIVES. 131

that was not unpleasing. As most of the women have lost the 1788

two first joints of the Httle finger on the left hand, so most of the 15 May.

men want the right front tooth in the upper jaw, and have the Disfl^^jn^

gristle that separates the nostrils perforated, frequently having practices."

a piece of stick or a bone thrust through, and which does not

add to their beauty. This is general, but I saw some very old

men that had not lost the tooth, and whose noses were not

perforated for this ornament. On my showing them that I wanted

a front tooth it occasioned a general clamour, and I thought gave

me some little merit in their opinion. Their bodies, chiefly about

the breasts and arms, are scarified, and sometimes the skin is scarifica-

raised for several inches from the flesh, appearing as if it was *'°°*

filled with wind, forming a round surface of more than a quarter

of an inch in diameter. They have scars, likewise, on difierent

parts of the body, and frequently one on the instep ; nor does the

head always escape, for one of them, putting aside the hairs on '

the fore part of the head, showed a scar, and then, pointing to one

on the foot and those on different parts of the body, gave us to

understand that he was honoured by these marks from head to

foot. The scars the men are fond of showing, but I did not think

that the women seemed to be fond of showing the mutilated

fingers, and sometimes found it rather diflicult to know whether

they had lost the joint or not, for, though they had not the

smallest idea that one part of the body required concealment

more than the other, they appeared timid, would not approach us Timidity of

so readily as the men did, and sometimes they would not land *^® women,

from their canoes, but made signs for us to give what we offered

them to the men.

When the south branch of Broken Bay was first visited we had
some difticulty in getting round the headland that separates the
two branches, having very heavy squalls of wind and rain, and
where we attempted to land there was not sutiicient water for
the boat to approach the rocks, on which were standing an old
man and a youth. They had seen us labour hard to get under A friendly
the land, and after pointing out the deepest water for the boats, deoiinud
brought us fire, and going with two of the ofiicers to a cave at
some distance, the old man made use of every means in his
power to make them go in with him, but which they declined ;
and this was rather unfortunate, for it rained hard, and the cave
was the next day found to l)e sufficiently large to have contained
us all, and which he certainly took great pains to make them under-
stand. When this old man saw us pi'epare for sleeping on the
ground, and clearing away the bushes, he assisted, and was the next
morning rewai-ded for his friendly behaviour. Here we saw a
woman Ijig with child that had not lost the joints of the little finger.

When we returned, two days afterwards, to the spot where the
old man had been so friendly he met us with a dance and a song

132

HISTORICAL E.ECOEDS OF NEW SOUTH WALES.

1788

15 Mav.

Meum&nd
tuum.

Courafi-e of
the natives.

A fish diet.

Absence of
clothing.

So taste for
bread or

meat.

Mode of
burial.

of joy. His son was with him. A hatchet and several jiresent.s
were made them, and as I intended to return to Port Jackson
the next day every possible means were taken to secure his
friendship ; but when it was dark he stole a spade, and was caught
in the fact. I thought it necessary to show that I was displeased
with him, and therefore, when he came to me, pushed him away,
and gave him two or three slight slaps on the shoulder with the
open hand, at the same time pointing to the spade. This de-
stroyed our friendship in a moment, and seizing a spear he came
close up to me, poised it, and appeared determined to strike ; but
whether from seeing that his threats were not regarded — for I
chose rather to risk the spear than lire on him — or from anything-
the other natives said who surrounded him, after a few moments
he dropped his spear and left us. This circumstance is mentioned
to show that they do not want personal courage, for several
officers and men were then near me. He returned the next
morning with several others, and seemed desirous of being taken
notice of ; but he was neglected, whilst hatchets and several other
articles were given to the others.

The men hang in their hair the teeth of dogs and other animals,
lobsters' claws, and several small liones, which they secure by
gum ; but I never saw the women do this. Their food is chiefly
Hsh. The shark, I believe, they neA'er eat. The fern root, wild
fig, and the kernels of a large fruit that is not unlike a pine-apple,
but which when eaten by the French seamen occasioned violent
retchings. Their hooks are made from shells, and their lines and
nets, I believe, from the flax-plant ;* but I have some that were
made from the fur of some animal, and others that appeared to
be made of cotton. The craw-fish and lobsters they catch in
small hoop nets, the making of which shows some art ; yet they
have no kind of cloathing. At the same time, they appear to be
sensible of the cold, and to dislike the rain very much, putting
on their heads when it rains a piece of bark, under which I have
seen them shiver. Their huts are generally surrounded by oyster
and muscle shells, and their bodies smell of oil. They cannot l^e
called a very cleanly people, yet I have seen one of them, after
having in his hand a piece of pork, hold out his fingers for others
to smell, with strong marks of disgust ; and tho' they seldom
refused bi'ead or meat if oflered them, I have never been able to
make them eat with us, and when they left us they generally
threw away the bread and meat : but fish they always accepted,
and would broil and eat it.

The ground having been seen raised in several places, as is
common in England, where poor people are buried I had one of
these graves opened, and from the ashes had no doubt but that
they burn their dead. From the appearance of the ashes, the body
must be laid at length only a few inches below the surface, and

See appendix B.

EXPLORATION. 133

is, \vitl\ the wood ashes made by burning the body, covered lightly 1788
over with mould, fern, and a few stones. A grave was opened 15 May.
by Captain Hunter, in which part of a jawbone was found, not
consumed by the tire, but we have seen very few of these graves,
;ind none near their huts.

It is not 230ssible to determine with any accuracy the number of Number of
natives, but I think that in B(jtany Bay, Port Jackson, Broken Bay, p'^,y,'fation.
and the intermediate coast they cannot be less than one thousand
five hundred.

In goinij to examine a cove near the entrance of the harbour
(Shell Cove) I found a passage with deep water into a branch of
the harbour that runs to the north-west, and finding on examining
that there was a run of fresh water that came fi'om the westward,
I went a few days after to examine the source. I landed with
four days' provision, several officers, and a small party of marines,
and found to the northward of this part of the harbour a large Lake
lake, which we examined, tho' not without great labour, for it is ^'''"^ ®'^"'
surrounded with a bog and large marsh, in which we were
frequently up to the middle There we saw a black swan ; it was
larger than the common swan, and when it rose, after being fired
at, the wings appeared to be edged with white; there is some red
on the bill, and it is a very noble bird. With great labour, in
three days we got round the swamps and marshes, from which all
the fresh water drains that this harbour is supplied with.

The country we past thro' when we left the low grounds was
the most rocky and barren I ever saw ; the ascending and descend-
ing of the mountains being practicable only in particular places,
J>ut covered with flowering shrubs ; and when about fifteen miles
from the sea-coast we had a very fine view of the mountains inland,
the northermost of which I named Carmarthen Hills,* and the Carmar-
.southermost Lansdowne Hills. f A mountain between I called Lansdowne
llichmond Hill,; and from the rising of these mountains I did not Hills.
doubt but that a large river would be found, in search of which
I set off the 22nd of April, with six days' provision. We were
eleven officers and men, and landed near the head of the harbour.
Here the country was good, l)ut we soon came to a close cover,
tliat we endeavoured for some time to get thro', but were obliged
tf) return, and the next day past this cover by keeping along the
l)anks of a small creek for about four miles. The three following
<lays we proceeded to the westward, finding the country in Fine
general as fine as any I ever saw, the trees growing from twenty the
to forty feet fi-om each othei-, and, except in particular places ^vcstward.
where the soil was stony and very poor, no underwood. The

* Named after the Marquis of Carmartlicn, afterwards Puke of Leeds, who was Secretary
•f State for tlie Korei(,'n Department, and administered tlie affairs of the colonies durinj,' a
])art of the year 1783.

t Named after the Marquis of Lansdowne (Earl of Shelburne).

X .Named, it is supposed, after the Duke of Richmond, then Master-General of the
Ordnance.

134 HISTOEICAL RECORDS OF NEW SOUTH WALES.

1788 country thro' which we past was mostly level, or only rising in
15 May. small hills, which gave it a pleasing and picturesque appearance.
The fifth day we got to a rising ground, and for the first time
since we landed saw Carmarthen Hills, as, likewise, the hills to the
southward. The country round this hill was so beautiful that I
called the hill Bellevue, but the hills we wished to reach still
appeared to be at least thirty miles from us. We had been five
days out, and the want of provisions obliged us to return to the
spot we left, ])y the track we went, otherwise our journey might be
Exploration lengthened several days longer than we expected, by meeting with
^ ^^'^ • deep ravines, which we might be obliged to go round ; and, I believe,
no country can be more difficult to peiietrate into than this is, tho'
we always found pools of water that had remained after the rainy
season, yet, as that could not be depended on, the water necessary for
the day was always carried, which, with the provisions, arms, and
a couple of tents, obliged every officer and man to carry a very
heavy load, but which at present was so much lightened, and
having the trees marked, in one day and a half we got back to the
head of the harbour. We had been thirty miles to the westward,
and had seen a country that might be cultivated with ease, and I
Land fit for intended returninsf in a few days in hopes of reaching the bottom
c tna ion. ^£ Lan.(jgf|Q-^n. Or Carmarthen Hills ; and the tracing of the natives
inland, added to the hopes of finding a large river, which the appear-
ance of the country promised, made everyone, notwithstanding the
fatigue, desirous of being of the party ; but my having when I went
to Broken Bay, before I was perfectly recovered from the complaint
Hardships of which had been so general, slept several nights on the wet ground,
°' brought on a pain in the side, which this journey increased so much
that I found a few weeks' rest necessary after I returned.

I have had the honor of informing your Lordship that we
Good now know there is a good country near us, and it shall be settled

countrv »/ ^

near tiie and cultivated early in the spring. In this journey I was surprized

settlement. ^^ g^^j temporary huts made by the natives far inland, where they

must depend solely on animals for food, and to procure which

we have never yet seen any other weapon than the spear, which

is certainly very inferior to our guns, and with which in this

journey, tho' we were in want of provisions for the last two days,

procured us barely sufficient for two meals. These huts consist of

only a single piece of bark, about eleven feet in length, and from

Gunyah.". four to six feet in breath, being, when stripped from the tree, bent

in the middle, and sat up as children put up a card, affording

shelter against a shower of rain if you sit under it. The hut may,

perhaps, only be intended to hide them from the animals they lay

in wait for. Near one of these huts we found some of the bones

of a kangaroo, and saw sevei'al trees that were on fire ; the natives,

Trees on I suppose, had left them on our approach. I also found the root

^'^' of fern, or something like the fern root, that had been chewed by

CUSTOMS OF THE ABORIGINES. 135

one of the natives ; he could only have left the spot a few minutes ; 1788
but we never saw any of them, and I believe their numbers in 15 May.
these woods must be vei-y small. A\'liether they live in the woods
by choice, or are driven from the society of those who inhabit the
sea-coast, or whether they travel to a distant part of the country,
I can form no judgment at present. The bark of many of the
trees were cut in notches, and at the foot of one tree we found the
fur of a flying squirrel. Many trees were seen with holes that
had been enlarged by the natives to get at the animal, either the How the
squirrel, kangaroo rat, or opossum, for the going in of which pei'haps ^^l^^
they wait under their temporary huts, and as the enlarging these smau game.
holes could only be done with the shell they use to separate the
oysters from the rocks, must require great patience. Against
several trees where the hole was near the ground, but too high to
reach, boughs of trees were laid for to climb up by. We saw many
places where the natives had made fires, but at one place only
were any oyster or muscle shells seen, and there not more than
half-a-dozen, and no fish-bones, so that when they go inland they
certainly do not carry any fish to support them.

In Botany Bay, Port Jackson, and Broken Bay we frequently Aboris-inal
saw the tigui'es of men, shields, and fish roughly cut on the rocks; '^'^^^'"°-
and on the top of a mountain I saw the figure of a man in the
attitude they put themselves in when they are going to dance,
which was much better done than I had seen before, and the
figure of a large lizard was sufficiently well executed to satisfy
every one what animal was meant.

In all the country thro' which I have passed I have seldom Traces of
gone a quarter of a mile without seeing trees which ap'pear to have *'''''"•
been destroyed by fire. We have seen very heavy thunderstorms,
and I believe the gum-tree strongly attracts the lightning, but
the natives always make their fire, if not before their own huts,
at the root of a gum-tree, which burns very freely, and they never
put a fire out when they leave the place.

Near some water we saw the dung of an animal that fed on plenty of
grass, and which I thought could not be less than a horse. *''*'"'^-
Kangaroos were frequently seen, but very shy, and it is a little
extraordinary that more of these animals are seen near the camp
than in any other part of the country, notwithstanding they are
fired at almost daily. Black swans are found on most of the Black swans,
lakes, and a bird as large as the ostrich was killed while I was at
Broken Bay. It differs both from the ostrich and the emu.
Several have been seen, but they are very shy, and much swifter
than the greyhounds. Here are wild ducks, teal, and quails, vviid duciis.
with great variety of small birds.

On my return from this excursion I had the mortification to find Sheep kilkd
that five ewes and a lamb had been killed in the middle of the day, ^oji? ""^
and very near the camp, I apprehend by some of the native dogs.

136

HISTOmCAL RECOEDS OF NEW SOUTH WALES.

1788

15 May.

Departure of
transports
for China —
the Supply
to Lord
Howe
Island.

Buildinsjs.

Writing'

under

ditticulties.

12 Feb.

King's ajj-
pointment.
to Norfolk
Island.

The beginning of May the rainy season was once more sup-
posed to be set in, but after a week Ave had fine weather.

The three transports for China* sailed the 5th, 6th, and 8th of
May ; and the Supply, having been caulked, sailed the 6th to
Lord Howe Island, to endeavour to procure turtle, in hopes of
checking the scurvy, with which most of the people are aft'ected,
and near two hundred rendered incapable of doing any work. It
is not possible to send the Sirius to the northward, for she inust
then have her carpenters, and only three of those hired from the
transports now remain • and tho' the detachment began to build
barracks for the use of the men and huts 'for the ofiicers the
14th of February, and near a hundred convicts were given to
assist in this work, they are not yet finished, nor is the hospital
or the store-house that is to receive the provisions still remaining
on board three transports, and on these works the carpenters of
the Sirius are employed. I have before pointed out the great
labour in clearing the ground as one cause of our slow progress.

Your Lordship will, I hope, excuse the confused manner in
which I have in this letter given an account of what has past
since I left the Cape of Good Hope. It has been written at
different times, and my situation at present does not permit me
to begin so long a letter again, the canvas house I am under being
neither wind nor water proof. I have, &c.,

[Enclosure.] ^- I'hillip.

Government of Norfolk Island.
By His Excellency Arthur Phillip, Esq., Governor-in-Chief and
Captain-General in and ovei- his Majesty's territory of New
South Wales and its dependencies, itc, ifec, &c.
By virtue of the power and authority vested in me, I do hereby
constitute and appoint you, Philip Gidley King, Superintendant
and Commandant of Norfolk Island, and of the settlement to be
made thereon, f

You are therefore carefully and diligently to dischai'ge the duty
of Superintendant and Commandant of the same, by doing and
performing all and every such instructions as you have, or may
hereafter, from time to time, receive from me, for the good of his
Majesty's service.

Given under my hand and seal, at head-quarters, in Port
Jackson, New South Wales, this 12th day of February,
1788. Arthur Phillip.

To Philip Gidley King, Esq.,

Superintendant and Commandant of Norfolk Island.
By Command of his Excellency.

Andrew Miller, Secretary.

*" Scarborough, Charlotte, and Lady Penrhyn.

t See Phillip's despatch to Lord Sydney, ante, p. 124. Kiiijf was afterwards appointed
Lieutenant-Governor of Norfolk Island bj' Commission, post, p. 287.

^

KING APPOINTED COMMANDANT OF NORFOLK ISLAND. 137

[Enclosure.] 1788

Instructions for Philip Gidley King, Esq., SuperintencLant and 12 Fei>.

Coiniiiandant of the Settlement of Norfolk Island.

With these Instructions you will receive my Commission appoint- Kinga

ing you to superintend and command the settlement to be

formed on Norfolk Island, and to obey all such orders as you

.shall, from time to time, receive from me, his Majesty's Governor-

in-Chief and Captain-General of the territory of New South

Wales and its dependencies, or from the Lieutenant-Governor in

my absence.

You are therefore to proceed in his Majesty's armed tender

Supply, whose commander has my orders to receive you with the

men and women, stores and provisions, necessary for forming the

intended settlement, and on your landing on Norfolk Island take Settlement

. . to be

upon you the execution of the trust reposed in you, causing my fonned.

Commission appointing you Superintendant over the said settle-
ment to be publicly read.

And after having taken the necessary measures for securing J^?^ island
yourself and people, and for the preservation of the stores and culthateii.
provisions, you are immediately to proceed to the cultivation of
the ilax-plant, which you will lind growing spontaneously on the
island, as likewise to the cultivation of cotton, corn, and other
grains, with the seeds of which you are furnished, and which you
are to regard as public stock, and of the increase of which you
are to send me an account, that I may know what quantity may
be drawn from the island for the public use, or what supplies
may be necessary to send hereafter. It is left to your discretion
to use such part of the corn that is raised as may be found
necessary ; but this you are to do with the greatest economy. Economy in
And as the corn, flax, cotton, and other grains are the property grainf*^ °
of the Crown, and are as such to be accounted for, you are to
keep an exact account of the increase, and you will, in future,
receive directions for the disposal thereof.

You are to inform yourself of the nature of the soil, what pro- The
portion of land you tind proper for the cultivation of corn, flax, and of the island
cotton, as likewise what quantity of cattle may be bred on the *" '^'r ,
island, and the number of people you judge necessary for the
above purposes. You will likewise obser\e what are the prevail-
ing winds in the diflerent seasons of the year, the best anchorage
according to the season, the rise and fall of the tides, likewise
when the dry and rainy seasons begin and end.

You will l)e furnished with a four-oared boat, and you are not ^^l^'F^,
on any consideration to l)uild or to permit the building of any built,
vessel or boat whatever that is decked, or of any boat oi' vessel
that is not decked, whose length of keel exceeds twenty feet ; and
if by any accident any vessel or boat that exceeds twenty feet
keel .should be driven on the island, you are immediately to

138 HISTORICAL RECOEDS OF NEW SOUTH WALES.

1788 cause such boat or vessel to be scuttled, oi' otherwise rendered
12 Feb. unserviceable, letting her remain in that state until you receive
further directions from me.
Provisions You will be furnished with provisions for six months, within
months. which time you will receive an additional supply, but, as you will
be able to procure fish and vegetables, you are to endeavour to
make the provisions you receive serve as long as possible.
Convicts to The convicts being the servants of the Crown till the time for
public. which they are sentenced is expii-ed, their labour is to be for the
public, and you are to take particular notice of their general
good or bad behaviour, that they may hereafter be employed or
rewarded according to their different merits.
Observance You are to cause the prayers of the Church of England to be
re igion. ^,gg^^ with all due solemnity every Sunday, and you are to enforce
a due observance of religion and good order, transmitting to me,
as often as opportunity offers, a full account of your particular
situation and transactions,
with^tradin You are not to permit any intercourse or trade with any ships
vessels or vessels that may stop at the island, whether English or of any
pro ibite . Q^hgj, nation, unless such ships or vessels are in distress, in which
case you are to afford them such assistance as may be in your power.
Given under my hand, at head-quarters, in Port Jackson,
New South Wales, this 12th day of February, 1788.
Arthur Phillip.

Governor Phillip to Lord Sydney.
My Lord, Sydney Cove, Port Jackson, May 16, 1788.

16 May. I have in my first letter had the honour of observing to your

Superinten- Lordship the great want of proper persons to superintend the
dents convicts. The ofiicers who compose the detachment are not only

wanted. n ■ cii ni-i • p

tew m number, but most or them have declined any mterterence
with the convicts, except when they are employed for their own
particular service. I requested soon after we landed that ofiicers
would occasionally encourage such as they observed diligent, and
point out for punishment such as they saw idle or straggling in
Reluctance the woods. This was all I desired, but the olficers did not under-
superids" ° stand that any interference with the convicts was expected, and
convicts. that they were not sent out to do more than the duty of soldiers.
The consequence must be obvious to your Lordship. Here are only
convicts to attend to convicts, and who in general fear to exert
any authority, and very little labour is drawn from them in a
country which requires the greatest exertions. In this declara-
tion I do not mean to include the Lieut. -Governor,* who has shown
every attention that could be expected from him ; and the Judge-
Advocate,! acting as a Justice of the Peace, with a diligence that

* Robert Ross. Major of Marines and Commandant of the detachment at Port Jackson,
t David Collins, Captain of Marines, aiso Secretary to the Go\ernor.

TROUBLE WITH THE MILITARY. 139

does him the greatest credit, they are under as good order as our 1788
present situation permits. 16 May.

The sitting as members of the Criminal Court is thought a officerT
hardship by the officers, and of which they say they were not object to sit

t/ «/ t/ ^ „ criiiiiniiA

informed before they left England. It is necessary to mention court.
this circumstance to your Lordship, that officers coming out may
know that a young colony requires somethmg more from officers
than garrison duty.

The not having the power of immediately granting lands the Disap-
officers likewise feel as a hardship. They say that they shall be ^etung nt
obliged to make their minds up as to the staying in the country land.
or returning before they can know what the bounty of Govern-
ment intends them.

As it is, my Lord, impossible for the Commissary to attend to Assistant
the issuing of provisions without some person of confidence to appo^nted!^
assist and to be charged with the details, I have appointed the
person who was charged with the victuallmg the convicts from
England.

There is likewise a veiy useful person who acts as Provost- Superinten-
Martial (the one appointed in England not having come out), and works. '
who likewise superintends the diffiirent works gomg on.

Two people, who are farmers, and the clerk of the Sirius are Making: men
employed in cultivating ground, and in the store, as likewise a ^^®*^'-
smith that superintends the convict smiths. As the granting
these people any land would at present draw their attention from
the public service, I have promised that their situation should be
represented to your Lordship. I have, &c.,

A. Phillip.

Governor Phillip to Lord Sydney.

My Lord, Sydney Cove, N.S. Wales, May 16, 1788.

I have the honor of transmiting your Lordship copies of
the proceedings of a battalion court-martial, and the letters which
passed on that occasion,* by which your Lordshij) will see the
reasons assigned by the commandant of the detachment for puting Officers
the officers under arrest, as likewise the reasons giving [given ?] airest.
by the court for not altering the sentence.

Battalion court-martial being ordei-ed by Major Ross, as Com-
mandant of the detachment, when he judged necessaiy, I was
not informed of the courtsf being under arrest till the next
morning, when he came to inform me, and I used every means in
my power to prevent a general court-martial, the inconveniences
of which were obvious. Any accommodation being declined, I
did not judge it prudent to put the guards in the charge of

* Post, pp. 140-141, 159-164.

t The ott-.cers constituting- the court, viz., Capt.-Lt. Tench, 1st Lt. Kellow, 1st Lt.
Poulden, 1st Lt. Davey, and Ist Lt. Tiuiins.

140

HISTOmCAL RECORDS OF NEW SOUTH WALES.

A marine
strikes a
comrade.

1788 serjants, which must have l^een done to assemble the court, the
16 May. number of officers capable of doing duty being but thirteen.
I therefore ordered the officers to return to their duty till a
general court-martial could be assembled. I have, &c.,

A. Phillip.
[Enclosure.]

Proceedings of a court-martial held at Port Jackson, by order
of Major Ross, Commandant of the Battalion of Marines.

Captain-Lieut. Tench, President.

Members: — First Lieut. Kellow, F. Lieut. Davey, F. Lieut.
Poulden, F. Lieut. Timins.
IS March. 18th March, 1788.

Joseph Hunt, private of the 15th Compy., bro't to trial for
striking William Dempsey, private in Captain Meredith's cy.,
when going to the cooking-place.

William Dempsey prosecutes, and informs the court that on
Sunday evening last, as he was going to the cooking-place with a
pot in his hand to boil, he saw Jane Fitzgerald, a female convict,
talking to another marine. The woman (Fitzgerald) asked him
how he did. He told her he was well, immediately on which the
prisoner came up and struck him with a stick. On his asking
Hunt the meaning of such treatment, he told him that he would
let him know that he had no right to speak to any woman of his
(the prisoner's) ship. Thos. Jones, marine, then coming up,
asked why he struck Dempsey. He directly called him a Ports-
mouth rascal, and told him to go directly out of his sight. On
further advice from Jones to return to his tent, the prisoner at
length complied.
Evidence. Thomas Jones, private of the 15th Compy., informs the court

that he was standing near the cooking-place on Sunday evening,
when he heard some words between the prosecutor and prisoner
of an angry nature, but which he could not distinctly make out.
He says that he saw no blows pass, and that after some little time
Hunt went away towards his tent.

James Wedman, private of the 5th Compy., informs the court
that he was at the cooking-place at the time William Dempsey
came up, and that on a female convict speaking to him, the prisoner
struck him on the shoulders with a small stick he had in his hand.
Dempsey showed some dissatisfaction at this, upon which Hunt
struck him twice on the head with his hst, and on being told by
the prosecutor that he would complain of him, the prisoner said
that if he pleas'd he was welcome to do so. After this Hunt went
away to the encampment.

Question from the prisoner to Wedman :~ Did you hear me say
to Dempsey that he should not speak to a woman of the ship I
came out in ? Answer : I did not.

PROCEEDINGS OF COURT-MARTIAL. 141

Question from the prisoner to the prosecutor : — Did I strike you 1788
■with my open hand or my clench'd fist 1 Answer : I am not 18 March,
certain what it was, tho' I think rather with the open hand.

The prisoner, being put on his defence, acknowledges that he The offence
struck the prosecutor, but says that he was not in earnest in it,
and did it not with the intention of hurting him. Denies having
said to him that he would not allow him to speak to any woman
of the ship he came out in, and submits himself to the mercy of the
court. The prisoner calls on the President of the court and Lieu-
tenants Poulden and Timins for a character, and those members
are glad to have it in their power to give him the character of a
good soldier.

The court was of opinion that the prisoner is guilty of the crime
laid to his charge, and falls under a breach of the 18th Article of
the 1 4th section of the Articles of War, and do sentence him either
to ask puljlic pardon before the battalion of William Dempsev, ''''^^^
the soldier whom he struck and injur'd, or to receive one hundred
lashes on his bare back, by the drummers of the detachment, and
where the commanding officer shall appoint.

Watkix Tench,
Capt.-Lt. Mars. [Marines] and President.

The court having met a second time, by order of the command- Jtsconfirma-
ing officer, to reconsider the nature and extent of the crime laid to
the prisoner's chai'ge, the evidence in support of the prosecution,
the prisoner's defence, and their own judgment, do not in delibera-
ting among themselves see any cause to rescind the sentence they
have already given. Watkix Tench,

Capt.-Lieut. and President.

Proposed Trading Settlement at Norfolk Island.

London, May 24, 1788. 24 May.
To the Right Honourable Lord Sydney, one of his Majestie's

Principal Secretarys of State, etc., &c.
The petition of Sir George Young, Knt., and John Call, Esquire,

in behalf of themselves and others, —
Sheweth —

That your petitioners have it in contemplation to form a
settlement on a small uninhabited island, first discovered" by
Captain Cook, and by him named Norfolk Island,* lying in the
latitude of 29^ 2' south, and longitude 108° IG' east from Green-
wich, in the Pacific Ocean, in order to promote the cultivation of
the New Z(!aland flax-jjlant, and the growth of pine timber for pjax and
masts, being persuaded that if tliey ai-e fortunate enough to timber.
succeed in their undertaking it will be attended with great

■* The petitioners were ignorant of the fact that this island }ia(l been taken possession
of by Lieutenant King, and a settlement planted there, three months before the date of
their ai)pIication.

142

HISTORICAL HECOEDS OF NEW SOUTH WALES.

1788

. 21 Maj'.

Proposed
trading'
settlement
at Norfolk
Island.

* July.

Medical
comforts.

Bedding.

Hardships

5 July.

Sir,

national utility, by furnishing a future supply of those valuable
articles of cordage and masts for his Majestie's ships-of-war in
India, which have hitherto been obtained at an enormous expense,
owing to the difficulty of conveying them thither, and from their
scarcity have often reduced the maritime force employ'd in the
East Indies to ajreat inconvenience and even distress.

Your petitioners, therefore, considering the great expence and
risque they must necessarily incur in prosecuting an enterprise
in which if they succeed the nation cannot fail in being benehted,
A free grant, humbly solicit from his Majesty a grant to them and their heirs
for ever of the said island, to be held of the Crown as of the
Manor of East Greenwich. Geo. Young.

Jno. Call.

Surgeon White to Governor Phillip.

Sydney Cove, Port Jackson,

July the 4th, 1788.
Among the troops, their wives and children, as well as
the convicts who have been ill, the want of necessaries
to aid the operation of medicine has been most materially and
sensibly felt. My duty leads me to mention this circumstance to
your Excellency in order that you may use such means for their
procurement as may seem most expedient.

For your Excellency's information I have taken the liberty to
insert the articles in the marofin* which come under the head of
necessaries, to which I beg leave to add blankets and sheets for
the hospital, none of which are in the colony, altho' they are
essential and absolutely necessary. The want of them makes
that observance and attention to cleanliness (a circumstance
which among sick persons cannot be too much inculcated or
attended to), utterly impossible. With respect to necessaries,
our situation here, constantly living on salt provisions without
any possibility of a change, makes them more necessary than
perhaps in any other quarter of the globe. I have, &c.,

John White, Surgeon.

among

Spirits for

soldiers'

Wives.

Governor Phillip to Under Secretary ISTepean.

Sydney Cove, Port Jackson,

Dear Sir, July the 5th, 1788.

Having, pursuant to the instructions I received from the

Right Honourable the Lord Sydney, ordered the Commissary to

purchase a sufficient quantity of spirits at Rio de Janeiro to serve

the garrison for three years from the time of their landing, the

same is issued according to the instructions ; but the soldiers'

wives soon after landing being sickly, and the surgeon judging

that a small quantity of spirits would be of service, I then ordered

the Commissary to issue to each soldier's wife half the proportion

* Sugar, sago, barley, rice, oatmeal, currants, spices, vinegar, portable soup, tamarinds.

EATIOXS FOR THE MARINES AND CONVICTS. U3

of spirits allowed the husbands — that is, one-quarter of a pint
per day, on condition that the quantity so issued should be here-
after stop'd from the husbands' allowance if not approved of. ^ "^"^^'•

The same ration is settled by the Navy Board for the detach-
ment as for the convicts, and is as follows, viz. :—

Rations for seven days successively for each marine and male Rations,
convict —

Seven pounds of bread, or, in lieu thereof, seven pounds of flour.

Seven pounds of beef, or, in lieu thereof, four pounds of pork ;
three pints of pease; six ounces of butter; one pound of flour, or,
in lieu thereof, half a pound of rice.

I am informed that seven pounds of pork is given to the
soldiers in the settlement when they are served pork, and not
four pounds of pork in lieu of seven pounds of beef ; and here,
as is the custom of the Navy, the eighth is deducted.

You will, sir, be so good as to explain the intent of Government stoppage of
on this head. The eighth is stopped for the benefit of the Crown, Percentage.
and to make up for the loss in serving in small quantities. The
Commissary, of course, has not any advantage from the provisions.

The one pound of flour is not clearly understood. If intended
to be given weekly, as is done, or if it was intended to be given
in lieu of pease, which from the manner of wording the order
from the Navy Board does not appear to have been the intention
of Government. If it is not the intention of Government that the what does
eighth should be stopped, I have promised that they should be Q^fvemment
repaid when the Right Honourable the Lords Commissioners of intend ?
his Majesty's Treasury have signified their pleasure thereon.

Every possible attention will be given to the cultivation of the piax.
flax-plant when circumstances permit, and on our first arrival in
this port it was frequently met with ; but when I judged the
seed to he ripe, and ordered it to be collected, veiy little was found,
and none in those places where it had been seen in any quantity,
which I impute to the natives pulling up the plant when in
flower to make their fishing-lines. A few plants have been
collected, and which are sent home under the care of the agent
of the transports.

Sheep do not thrive in this country at present, but as many cows sheep do
with one or two young bulls as the ships intended for this settle- nottlirivc.
ment that touch at the Cape can receive on board will, I hope, be
ordered, as likewise seeds and a few quarters of wheat, barley,
and Indian corn.

Cloathing for the natives, if sent out, will, I daresay, be very clothing for
accejjtable to them when they come amongst us. I should recom- *^^ natives
mend long frocks and jackets only, wliich will equally serve both
men and women.

A great part of the cloathing I have, sir, already observed was Bad
very bad, and a great part of it was likewise too small for people clothing.

144

HISTOUICAL RECORDS OF NEW SOUTH WALES.

1788

5 July.

Presents for
the natives.

9 July.

Invalided
officers.

Arduous
duties.

\ new
drummer.

Another

Lieutenant

wanted.

of common size. If some coarse blankets were to be sent out they
would greatly contribute to preserve the health of the convicts.

In addition to the frocks and jackets for the natives, good house
carpenters' axes, hats, hooks and lines will be the most beneficial,
as well as most acceptable, to the natives. I have, etc.,

A. Phillip.

Major Ross to Secretary Stephens.

Camp, Sydney Cove, New South Wales,

Sir, 9th July, 1788.

You will please to inform their Lordships that I have
permitted First Lieutenant James Maxwell and Second Lieutenant
William Collins to return to England, in consequence of the report
made to the Governor and me of the impossibility of their recover-
ing their health in this country.

Enclosed you have a copy of the report of the surgeons,* and the
Governor is to order them a passage in such of the returning
transports as he chooses.

I have directed them, upon their arrival in England, to transmit
to you a copy of their letter of leave, as likewise an account of
their then state of health, and to request their Lordships' orders
for their future proceedings.

The several duties we have to perform being very sevei'e upon
the officers in general, and the subalterns in particular, I beg to
assure their Lordships that nothing less than the chance of saving
those officers' lives could have made me grant the leave they
requested, and therefore hope their Lordships will ajiprove of what
I have done.

I have taken them off the strength of the detachment, and
Second Lieut. Dawes, who has been discharg'd from the Sirius's
books, has taken the place of Second Lieutenant Collins in it.

I have likewise turned a drummer, a very bad one, into the ranks,
and replaced him with a very fine, stout boy, son to one of the
detachment, in order to draw as few men as possible from the
Sirius ; and, sir, as he is attested, he stands upon the strength of
the detachment. I have, etc.,

Pt. Pioss, Major.

Major Poss to Secretary Stephens.

Camp, Sydney Cove, New South Wales,
Sir, 9th July, 1788.

Inclosed you have for their Lordships' information a general
return of the state of the detachment under my command. By it
you will see that we want one second lieutenant to complete the
four companies.

* Surjreon White, chief surgeon of the settlement, and Surgeon Worgan, of the Sirius,
reported that Lieut. Collins suffered from dysentery and Lieut. Maxwell from amaurosis.

LANDING STORES AND PROVISIONS. 145

As I have ever since my arrival here entered my son, John l'^88
Ross, as a volunteer, serving without pay, may I presume to 9 July,
solicite their Lordships to do me the honor of appointing him to johnRoss.
that vacancy in the detachment 1

What emboldens me to pray their Lordships for this particular
mark of favor is, my knowing the attention shown by the Board
of Admiralty in giving a preference to the children of old officers. An old
among which number I may, after two-and-thirty years' actual ° ^'^^ ^ ^°"'
service, surely class myself. I have, <fec.,

* R. Ross, Major.

[Enclosure. ]

Officers of the Detachment of Marines.

Mojor-Commandant : — Robert Ross.

Captains : — James Campbell, John Shea.

Captain- Lieutenants : — James Meredith, Watkin Tench.

First Lieutenants : — George Johnston, John Johnstone, John
Creswell, James Maitland Shairp, Robert Kellow, Thomas Davey,
John Poulden, Thomas Timins.

/Second Lieuteiiants : — Ralph Clarke, William Faddy, William
Dawes.

Adjutant Second Lieutenant : — John Long.

Quarter-master First Lieutenant : — James Furzer.

Judge- Advocate : — -David Collins.

R. Ross, Major.

Governor Phillip to Lord Sydney.

Sydney Cove, New South Wales,
My Lord, July the 9th, 1788.

T have had the honor of informing your Lordship of the
situation of this colony prior to the 15th of May, since which
two stores have been finished, and the ships are now landing stores and
the remainder of the stores and provisions. provisions.

The commandant of the detachment, having enclosed letters
from First Lieutenant James Maxwell and Second Lieutenant officers
William Collins, and desired that their requests to return to retumins^on
Europe might be complied with, if their state of health was found
by the surgeon to be as represented, and the surgeon having
reported First Lieutenant Maxwell as incapable of duty, from a
defect in his sight, and Second Lieutenant Collins to be so
debilitated in state from a long illness that his life depends on his
returning to Europe, these officers have my leave ; and Lieutenant
Collins is charged with the despatches for your Lordship. Lieu- Lieutenant
tenant Dawes,* who came out as a lieutenant of marines on board ^^'''^^•
the Sirius, replaces one of these officers.

The hutting the battalion is still going on, and though from Building
seventy to one hundred convicts have been almost constantly *^"^'*'

* William Dawes, Second Lieutenant of Marines. Officer of Enjjineers and Artillery.
I

146

HISTORICAL RECOUDS OF NEW SOUTH WALES.

1783

9 July.

Carpenters

and

brickla5'er3

■wanted.

Provisions
from
England
necessarj-.

Failure to

obtain

turtle.

Store-ships
and

transports to
return.

A convict
speared.

Twelve

convicts
missin"-.

employed assisting in this business, it "will not, I apprehend, be
finished before the end of July ; and every day proves the neces-
sity of proper persons being sent out to superintend the convicts.
If a small number of carpenters and bricklayers are sent out with
proper people, who are capable of superintending the convicts,
they will soon be rendered serviceable to the State, and without
which they will remain for years a burden to Government.
Xumbers of them have heen brought up from their infancy in
such indolence that they would starve if left to themselves ; and
many (their numbers now exceed fifty), from old age and dis-
orders which are incurable, and with which they were sent from
England, are incapable of any kind of work.

Thus situated, your Lordship will excuse my observing a second
time that a regular supply of provisions from England will be
absolutely necessary for four or five years, as the crops for two
years to come cannot be depended on for more than what will be
necessary for seed, and what the Sirius may j)rocure can only
be to breed from. Should necessity oblige us to make use of
wliat that ship may be able to procure, I do not apprehend that
the live stock she will bring in twelve months will be more than
a month's provision for the colony ; and the supply is totally
unfit for a service of this kind.

Lieutenajit Ball returned the 25th from Lord Howe Island,
where I had sent him in hopes he would have been able to pro-
cure some turtle for the sick, but the weather was bad, and that
island, not having any good water, will not be of any service to
us, for Lieutenant Ball did not see any turtle, nor does he suppose
they were bred there. The transports that sailed for China* had
my directions not to go to that island, but they all appeared
there before the Supply left it, and one was near Ijeing lost.

The store-ships and transports, as cleared, are ordered to
prepare to return to England immediately, but some of their
sheathing being much destroyed by the worms, it is necessary to
permit several of those ships to heave down.

One of .the convicts who, in searching for vegetables, had gone
a considerable distance from the camp, returned very dangerously
wounded in the back by a spear. He denies having given the
natives any provocation, and says that he saw them carrying
away a man that had gone out for the same purpose, and who
they had wounded on the head. A shirt and hat, both pierced
with spears, have been since found in one of the natives' huts,
but no intelligence can be got of the man, and I have not any
doubt but that the natives have killed him, nor have I the least
doubt of the convicts being the aggressors. Eleven male and
one female convicts have been missing since we landed. A bull

* Scarborough, Charlotte, and Lady Penrylm. They sailed respectively on the 5th, 6th
and 8th May. Ante, p. 136.

BUILDING OPERATIONS. 147

calf has likewise been wounded by a spear, and two goats have 1788
been killed by some of our own people, the skin of one being 9 July,
found where the natives never appear, so that the little stock we
now have is likely to decrease ; and though robberies are punished
with severity, there is not a week passes but there are people who
lose their provisions and cloaths, which in our present situation
it is impossible to prevent.

I should hope that few convicts will be sent out this year or Despatch of
the next, unless they are artificers, and after what I have had ghouid^be
the honour of observing to your Lordship I make no doubt Ijut restricted.
proper people will J)e sent to suj^erintend them. The ships that
bring out convicts should have at least the two years' provisions
on board to land with them, for the putting the convicts on board
.some ships and the provisions that were to support them in others,
<is was done, I beg leave to observe, much against my intimation,
must have been fatal if the ship carrying the provisions had
been lost.

I have the honour to enclose your Lordship the intended yAan Plan of
for the town. The Lieutenant-Governor has already begun a ''^ "f^"
small house, which forms one corner of the parade, and I am
Ijuilding a small cottage on the east side of the cove, where I
shall remain for the present with part of the convicts and an
officer's guard. The convicts on both sides are distributed in
huts, which are Ijuilt only for immediate shelter. On the point
of land which forms the west side of the cove an Observatory is vatory.
building, under the direction of Lieutenant Dawes, who is charged
by the Board of Longitude with observing the expected comet.
The temporary Ijuildings are marked in black ; those intended to
remain, in red. We now make very good bricks, and the stone is
good, but do not find either limestone or chalk. As stores and other no
buildings will l)e begun in the course of a few months, some regular limestone,
plan for the town was necessary, and in laying out of which I
have endeavoured to place all public buildings in situations that
will be eligil)le hereaftei', and to give a sufficient share of ground
f<jr the stores, hospitals, etc., to be enlarged, as may be. necessary
in the future. The principal streets are placed so as to admit a
free circulation of air, and are two hundred feet wide. The The streets
ground marked for Government House is intended to include the ^^la^^^^
main guard, Civil and Criminal Courts, and as the ground that
runs to the southward is nearly level, and a very good situation
for )>uildings, streets will be laid out in such a manner as to ail'ord
.1 free air, and when the houses are to be built, if it meets with
your Lordship's apprcjijation, the land will be granted witli a
clause that will ever prevent more than one house being built on BuiifHntr
the allotment, which will be sixty feet in front and 150 feet in restrictions,
depth. This will preserve uniformity in the buildings, prevent
narrow streets, and the many inconveniences which the increase

148

HISTORICAL EECOEDS OF NEW SOUTH WALES.

1788
9 Julv.

Barracks.

A

substantial

srore-house.

Murders bj-
natives.

The blacks
not the
ageressors.

But they
decaiup.

Another

baiKi

discovered.

Phillip's
couraLje.

of inhabitants would otherwise occasion hereafter,
is a building that will stand for some years. It

The hospital
is clear of the
town, and the situation is healthy. The barracks and huts now
building for the officers and men will stand three or four years.
If water could be found by sinking wells on the high ground
between the town and the hospital, I pi'oposed building the
barracks on that spot, and sui'rounding them with such works as
we may be able to make, and which I did intend beginning as
soon as the transports were cleared and the men hutted ; but I
now find that without some additional workmen the progress
must be so very slow that that design is laid aside, and the only
building I shall attempt will be a store-house. That will be secure,
those we have already built being not only in danger from fire,
from being thatched, but of material that will not stand more
than two years. The barracks, and all buildings in future, will
be covered with shingles, which we now make from a tree like the
pine-tree in appearance, the wood resembling the English oak.

The 30th of May two men employed collecting thatch at some
distance from the camp were found dead ; one of them had four
spears in him, one of which had passed through his body ; the
other was found at some distance dead, but without any apparent
injury. This was a very unfortunate circumstance, and the more,
as it will be impossible to discover the people who committed
the murder, and I am still persuaded the natives were not the
aggressors. These men had been seen with one of their canoes,
but I was not informed of that circumstance for some days.
Though I did not mean to punish any of the natives for killing
these people, which, it is more than probable, they did in their
own defence, or in defending their canoes, I wished to see them,
and as they had carried away the rushcutters' tools, I thought
they might be found out, and some explanation take place, for
which purpose I went out with a small party the next day, and
landed where the men were killed ; but after traversing the country
more than twenty miles we got to the north shore of Botany Bay
without meeting any of the natives. There we saw about twenty
canoes fishing. It was then sunset, and as we made our fires and
slept on the beach I did not doubt but some of them would join
us, but not one appeared; and the next morning, tho' fifty canoes
were drawn up on the beach, we could not find a single person ;
but on our return, keeping for some time near the sea-coast, we
came to a cove where a number of the natives were assembled, I
believe more than what belonged to that particular spot. Though
we were within ten yards when we first discovered each other,
I had barely time to order the party to halt before numbers
appeared in arms, and the foremost of them, as he advanced, made
signs for us to retire, but upon my going up to him, making signs
of friendship, he gave his spear to another, and in less than three

THE CATTLE LOST. 149

minutes we were surrounded by two hundred and twelve men, 1788
numbers of women and children were at a small distance, and 9 July,
whether by their superiority of numbers, for we were only twelve,
or from their not being accustomed to act with treachery, the
moment the friendship I offei'ed was accepted on their side they Friendship
joined us, most of them laying down their spears and stone hatchets accepted.
with the greatest conhdence, and afterwards brought down some
of their women to receive the little articles we had to give them.
I saw nothing to induce me to believe these people had been con-
cerned in the murther which had been committed. We parted on
friendly terms, and I was now more than ever convinced of the
necessity of placing a confidence in these people as the only means How to treat
of avoiding a dispute. Had I gone up to them with all the party, '^ "aiues.
though only twelve, or hesitated a moment, a lance would have been
thrown, and it would have been impossible to have avoided a dispute.

Here we saw the finest stream of fresh water I have seen in this a fine
country, but the cove is 023en to the sea. When the natives saw water.
we were going on towards the next cove, one of them, an old man,
made signs to let him go first, and as soon as we were at the top
of the liill he called out, holding up both his hands (a sign of
friendship) to the people in the next cove, giving them to under- Friendly
stand that we were friends ; we did not go to that cove, but saw "**'*«^-
about forty men ; so that, unless these people had assembled on
some particular occasion, the inhabitants are still more numerous
than I had imagined. I have V^efore had the honor of observing
to your Lordship that we had traced the natives thirty miJes
inland, and this morning, in crossing the hills between Botany Bay inland
and Port Jackson, we saw smoke on the top of Landsdowne Hills, ^^ '^®^"
so that I think there cannot be any doubt of there being inhabitants
fifty miles inland.

His Majesty's birthday was observed with every possible mark The King's
of attention our situation permitted. The three men that liad "' ' ^^'
been reprieved from death, in order to be exiled, were fully
pardoned, and for the twenty -four hours I believe there was not
one heavy heart in this pai't of his Majesty's dominions.

If we had been unfortunate in our live stock in general, I had
the satisfaction of seeing the cows and horses thrive ; but the man
who attended the former, having left them for a short time, they
strayed and were lost.* The loss of four cows and two bulls will Cattle lost,
not easily be repaired. Pardon, my Lord, these tedious relations
of robberies and losses ; it is the only means I have of giving your
Lordship a faint idea of the situati<jn in which I am placed. Of
the live stock purchased at the Cape, part died on the passage, and
the greatest part of what remained since landing.

* The cattle made their way to the Cowpastures on the Neptan River, where they were
found by Governor Hunter, 20th November, 1795. They had increased to upwards of 60
head. Collins, vol. I, p. 430.

150

HISTORICAL RECORDS OF NEW SOUTH WALES.

1788

9 Julj-.

An

absconder's

sufferings.

Having

reason to believe that one

starving-
natives.

An
earthquake.

Ships

preparing to
sail.

A fine
climate.

Tne people
counted.

of the natives had been
murthered and several wounded, which, it is probable, occasioned
the attack on the rushcutter, I have promised to emancipate any
convict that will discover the aggressors ; it will, T hope, at least
prevent anything of this kind in future.

A convict who had committed a robbery, and absconded the
5th of June, returned the 24th, almost starved ; he found it
impossible to subsist in the woods. One of the natives gave him
a fish, but then made signs for him to go away. He says he after-
wards joined a party of the natives, who would have burned him,
Ijut that he got away from them, and that he saw the remains of
a human body on the fire. In the woods he saw four of the natives
who were dying, and who made signs for food. This man was
tried, pleaded guilty, and suffered with another convict. He
persisted in the story respecting the natives intending to burn
him, and I now believe they find the procuring a subsistence very
difficult, for little fish is caught.

The 22nd of this month (June) we had a slight shock of an
earthquake ; it did not last more than two or three seconds. I
felt the ground shake under me, and heard a noise that came from
the southward, which 1 at first took for the I'eport of guns fired
at a great distance.

Four ships are now clear, and preparing to sail the first week
in July ;* a fifth will be clear in a few days, if the heavy rains we
have had these two days will cease, and will sail with them. The
store-ship that has the spirits on board must remain some time
longer. I hope to send her away by the middle of August.

Tho' we have had heavy rains at the change of the moon,
this cannot be called a rainy season. The climate is a very fine
one, and the country will, I make no doubt, when the woods are
cleared away, be as healthy as any in the world, but is, I believe,
subject to violent storms of thunder and lightning. Soon after we
landed, several trees were fired by the lightning, and several
sheep and hogs killed in the camp.

Of the convicts, 36 men and 4 women died on

the

men and 8 women since

landing-

-eleven men and one

passage,

20

woman

absconded ; four have been executed, and three killed by the
natives. The number of convicts now employed in erecting the
necessary buildings and cultivating the lands only amounts to
320 — and the whole number of people victualled amounts to 966
— consequently we have only the labour of a part to provide for
the whole.

Your Lordship will doubtless see the necessity of employing a
considerable force in the country, and I presume an addition of

* The greater part of this despatch appears to have been written before the date it
bears.

I

AX EXCOIIRAGING OUTLOOK.

151

five hundred men will he absolutely requisite to enable me to 1788
detach three or four comi^anys to the more open country near the 9 July.
head of the harbour.

I could have wished to have given your Lordship a more T^e outlook
pleasing account of our present situation ; and am persuaded I i„fr.
shall have that satisfaction hereafter ; nor do I doubt but that
this country will prove the most valual^le acquisition Great
Britain ever made ; at the same time no country offers less assist-
ance to the first settlers than this does ; nor do I think any
country could be more disadvantageously placed with respect to
support from the mother country, on which for a feAV years we
nmst entirely depend.

The heavy rains have prevented the provisions and stores being Heavy rain,
landed so soon as I expected. It is now the 9th July, and the
ships sail the 12th. Duplicates and triplicates of my despatches
to your Lordship go by these ships, and I have the honor of
enclosing your Lordship the returns of the detachment and of
the sick ; the necessary demands for the hospital, &c., are sent to
the Under Secretaries of State. I have, &c.,

A. Phillip.
[Enclosure. ]

Ax Account of Live Stock in the Settlement, May 1st, 1788.

To whom
beloiiginj^.

CO

C

_o

CD

3

a

6

p.
a>
o

re

1

1

a

tJO

■2

1

03

H

o

1

6

GoTernment . .
Governor

Lieut. -Governor

Officers ami men

belon;;inj,'tothe

detachment . .

Staff

1

2
1

2

2

2

1

1 ram
12 ewes
3 wethers
1 ewe
1 lamb

' 11

1

■■
1

12
5

1 boar

19 sows

10

1

10
7

7

17

1
1

3

2

■ ■

5

5

5

6
2

18

8

6

9
C

29

17

4

8
6

35

22

9

55
dO

122

25
62

87

Otlier individuals ,.

Total

1

3

3

2

5

29

19

49

25

Since the 1st of May, three sheep dead, and the cows and bulls lost,

Andkew Millek, Commissary.

Governor Phillip to Under Secretary Nepean.*
3Iy Dear Sir, Sydney Cove, July the 9th, 1788.

You will see by my letters to Lord Sydney that this colony
must for some years depend on supplies from England.

The Sirius will l)e sent to the northward for live stock as ThcSiriusto
soon as we can spare her carpenters ; and from what Monsieur f°J^^ '*^ "^

* A private letter. A ffreat deal of the information it contains is given in Phillip's
despatch to Lard Sydney of the same date.

152

HISTORICAL RECORDS OE NEW SOUTH WALES.

Land in
cultivation.

Thunder

and

lightning.

Unsafe
storage.

Losses of
live stock

1788 La Perouse said to Captain Hunter, one of the lies des ISTaviga-
9 July, teurs is the most Hkely to furnish us with what we want. But
though these islands supply two or three ships very abundantly,
they will afford but very little towards the support of this colony,
the situation of which I have particularly pointed out in my letter
to Lord Sydney, and which I shall recapitulate in this, as the
ship by which 1 now write may arrive before either of those that
have my despatches on board.

The Lieutenant-Governor has about four acres of land in culti-
vation. I have from eight to ten in wheat and barley. The
officers will be able to raise sufficient to support the little live
stock they have, and which is all that can be expected from
them. All the corn raised this year and the next will be saved for
seed, and if necessity should oblige us to use it it would be only
a few days' sujjport for the colony ; and from the rats and other
vermin the crops are very uncertain.

This country is subject to very heavy storms of thunder and
lightning, several trees having been set on fire and some sheep
and dogs killed in the camp since we landed.

All the provisions we have to depend on until supplies arrive
from England are in two wooden buildings, which are thatched.
I am sensible of the risk, but have no remedy.

The greatest part of the stock brought from the Cape is dead,
and from the inattention of the men who had the care of the
cattle, those belonging to Government and two cows belonging
to myself are lost. As they have been missing three weeks, it is
probable they are killed by the natives. All my sheep are dead,
and a few only remain of those purchased for Government. The
loss of four cows and two bulls falls very heavy. The horses
do very well.

With respect to any resources that the Cape of Good Hope might
afford, I have only to observe that the strong westerly winds that
prevailed all the year between that Cape and the southern ex-
tremity of this country would render a passage to the Cape very
tedious if attempted to the southward, and little less so if ships
go to the northward. "Batavia and our own settlements are at a
great distance, and when the transports are sailed I shall have
only the Sirius to employ on a service of this kind ; and as I should
not think myself at liberty to send either to the Cape or the East
Indies unless in a case of the greatest necessity, it would in all
probability then be too late. I mention these circumstances just
to show the real situation of the colony, and I make no doubt but
that supplies will arrive in time, and on which alone I depend.
The provisions sent to support this colony for two years being
A great risk, put on board three ships was running a very great risk, for had
they separated and afterwards been lost the consequence is obvious,
for this country at present does not furnish the smallest resource

Difficulty in

getting

supplies.

DISOBLIGING OFFICERS. 153

except in fish, and which has lately been so scarce that the natives 1'''88
find great difficulty in supporting themselves. Any accident of 9 July,
this kind will be guarded against, of course ; and soldiers or pighTpoor
convicts when sent out will be put on board the ships with pro- resource.
visions to serve them for two years after they land; and in our
present situation I hope few convicts will be sent out for one year No drones
at least, except carpenters, masons, and bricklayers, or farmers, who ^^" ^ •
can support themselves and assist in supporting others. Numbers of
those now here are a burthen and incapable of any kind of hard
labour, and, unfortunately, we have not proper people to keep those
to their labour who are capable of being made useful.

Officers decline the least interference with the convicts, unless officers win
when they are immediately employed for their (the officers) own "°'' ^^^^^'
conveniency, or when they are called out at the head of their
men : the saying of a few words to encourage the diligent when
they saw them at work, and the pointing out the idle when they
could do it without going out of their way, was all that was
desired. The convicts were then employed clearing the ground
on which the officers were encamped, and this they refused ; they
did not suppose that they were sent out to do more than garrison
duty, and these gentlemen (that is, the majority of the officers)
think the being obliged to sit as members of the Criminal Court Judicial
an hardship, and for which they are not paid, and likely think objected to
themselves hardly dealt by, in that Government had not determined
what lands were to be given them. But I presume an additional
force will be sent out when the necessity of making detachments in
order to cultivate lands in the more open country is known, and
from four to six hundred men will, I think, be absolutely necessary.

If fifty farmers were sent out with their families they would Farmers as
do more in one year in rendering this coloiiy independent of the ^'^*'*'^s'^^-
mother country, as to provisions, than a thousand convicts. There
is some clear land, which is intended to be cultivated, at some
distance from the camp, and I intended to send out convicts for
that purpose, under the direction of a person that was going to
India in the Charlotte, transport, but who remained to settle in
this country, and has been brought up a farmer, but several of
the convicts (tiii-ee) having been lately killed by the natives, I
am obliged to defer it untill a detachment can be made.

The natives are far more numerous than they were supposed to The natives
be. I think they cannot be less than fifteen hundred in Botany
Bay, Port Jackson, and Broken Bay, including the intermediate
coast. I have traced thirty miles inland, and the having lately seen
smoke on Landsdown Hills, which are fifty mUes inland, I think
leaves no doul)t but that there are inhabitants in the interior
parts of the country.

Lists of what articles are most wanted will be sent by the
Commissary ; and I am very sorry to say that not only a great

numerous.

154

HISTORICAL EECOllDS OF NEW SOUTH WALES.

1783

9 Julv.

Provost -
marshal.

Earthquake.

Fishburii
and Golden
Grove.

Convicts'
sentences
unknown.

China for the
useless.

The climate.

Starvation
in the bush.

pai't of the cloathing, particularly the women's, is very bad, but
most of the axes, spades, and shovels the worst that ever were seen.
The provision is as good. Of the seeds and corn sent from
England part has been destroyed by the weevil ; the rest in very
good order.

The person I have appointed Provost-Marshall is likewise very
useful in superintending the carpentry ; the person sent out by
the contractor, who assists the Commissary in the delivery of
provisions, one that was clerk of the Sirius, a master smith, and
two farmers are very useful people, and I beg leave to recommend
them to Government. The granting them lands would draw their
attention from their present occupations.

We had a slight shock of an earthquake in the afternoon of the
22nd [June] ; it lasted between two and three seconds, and was
attended with a noise like the report of very distant cannon,
which came from the southward.

The Fishburn, store-ship, is detained until a proper j^lace can
be provided for the spirits ; and the rains have for some days
prevented the landing the remainder of the provisions from the
Golden Grove ; therefore those two ships will sail together, I
hope, by the end of August ; the other ships have all cleared, and
preparing to sail. »

The masters of the transports having left with the agents the
bonds and whatever papers they received that related to the
convicts, I have no account of the time for which the convicts
are sentenced, or the dates of their convictions ; some of them,
})y their own account, have little more than a year to remain,
and, I am told, will apply for permission to return to England, or
to go to India, in such ships as may be willing to receive them.
If lands are granted them. Government will be obliged to support
them for two years ; and it is more than probable that one-half
of them, after that time is expired, will still want support. Until
I receive instructions on this head, of course none will be per-
mitted to leave the settlement ; but if, when the time for which
they are sentenced expires, the most abandoned and useless were
permitted to go to China, in any ships that may stop here, it
would be a great advantage to the settlement.

The weather is now unsettled, and heavy rams fall frequently,
but the climate is certainly a very fine one, but the nights are
very cold, and I fi'equently find a difference of thu"ty-three degrees
in my chamber between 8 o'clock in the morning and 2 o'clock in
the afternot)n, though the sun does not reach the thermometer,
which is at the west end of ray canvass house.

A convict who fled to the woods after committing a robbery
returned after being absent eighteen days, forced in by hunger ;
he had got some small support from the people, and the few fish
left by accident on the beach after hauling the seine, and had

THE COUNTY OF CUMBERLAND. 155

endeavoured to live amongst the natives, but they could give him 1788
but little assistance; he says they are now greatly distressed for 9 July.
food, and that he saw several dying with hunger. It is possible
that some of the natives at this time of the year might find it
easier to support themselves on birds, and such animals as shelter
themselves in the hollow trees, than on fish ; but then, I think,
they would not go to the top of the mountains, where at present
it must be very cold. I intend going to Landsdown or Carmar- intended
then Hills as soon as the weather permits, if it is possible, and ^^^ '^'^^ '°°"
which will explain what is at present a mystery to me, how people
who have not the least idea of cultivation can maintain them-
selves in the interior parts of this country. When I went to the
westward, in hopes of being able to reach the mountains, we
carried six dtxys' provisions, and proceeded five days to the west-
ward ; returning we were very short of provisions, and our guns
only pi'ocured us two scanty meals.

I shall now conclude with saying that I have no doubt but that a predie-
the country will hex'eafter prove a most valuable acquisition to '■''*°-
Great Britain, though at present no country can afford less
support to the first settlers, or be more disadvantageously placed
for receiving support from the mother country, on which it must
for a time depend. It will require patience and perseverance,
neither of which will, I hope, be wanting on the part of

Dear Sir, Yours, etc.,

A. Phillip.

His Majesty's Commission, with that for establishing the Courts
of Civil and Criminal Judicature, were read soon after landing,
and as it is necessary in Public Acts to name the county, I Thecounty

of Ciiniber-

named it Cumberland, and fixed its boundaries by Carmarthen and land.
Landsdown Hills to the westward, by the northern parts of
Broken Bay to the northward, and by the southernmost part of
Botany Bay to the southward.

I have enclosed copies of a letter I have received fiom the Hospital
surgeon,* reporting the state of the hospital and the great necessity n^^^essanes.
of blankets and sheets, as well as sugar, and those articles coming
under the denomination of necessaries, and the want of which is
ecjually felt by the marines and convicts.

Tlie numljer of marines now under medical treatment ... 3G
Convicts ... ... .. ... ... ... ... ... 6f>

Unfit for labour from old age and infirmities ... ... 52

[Enclosure.]

A List of Articles uwat wanted in the Settlement.

House carpenters' axes Iron in bars

Chalii-lines (none sent out) Steel in ditto

Felling-axes Armourers' tools (none sentout)

Cross-cut saws Gunpowder, inuscjuct balls and paper

Pit saws for the use of the garrison (none

Saw setts sent out)

* Ante, p. 142.

156

HISTORICAL RECORDS OF NEW SOUTH WALES.

1788
9 July.

List of Articles — continued.

Files for cross-cut and pit saws (a
considerable number, as they soon
wear out)

Gimlets, augers, chissels and gouges

Iron pots of 3, +, and 5 gallons
(much wanted at this time)

Billhooks

Scyths and reap-hooks

Nails, 'mostly of 18, 20, and 24 penny

Nails (spike), brads

Sheet and pig lead

Swan and buck shot

White and red paint

Oil for ditto

Canvas, No. 3, 6 bolts ^
4

p. c

>» 3) ') )>

M )) 8) 6 ,, J_
Twine, one liundred weight
Sail needles
Copper nails for repairing boats

9th July, 1788.

For boats'
sails

Strong double tin plates

Stonemasons" tools

Trowels for bricklayers

Glass, not less than 10 inches by 8

Fifteen puncheons of red wine, for

the use of the hospital
Hooksand fishing lines forthenatives
Cloathing for the men and women

convicts, with a large proportion

of shoes
Long frocks and strong jackets for

tlie natives
Soldiers' blankets for the convicts
Twelve turn-over carts
Wheel- bar r 0 ws
Four timber carriages
Blacksmitlis' liammers
Carpenters' ditto
Turkey stones for the carpenters'

tools (none sent out)
Rope, of H inch, 1 coil

Andw. Miller,

Commissary.

Court-
martial.

An

incomplete
sentence.

Major Ross to Secretary Stephens.*
Sir, Camp, Sydney Cove, 9 July, 1788.

I am very much concerned at the necessity I am under of
acquainting you, for their Lordships' information, with a trans-
action that took place in the detachment which their Lordships
have honoured me with tlie command of, on the 18th of March
last.

From the papers herein enclos'd their Lordships will see that
it relates to a court-martial, which I had ordered to assemble on
that day, for the tryal of a private of the detachment — for dis-
orderly behaviour.

On perusing the proceedings of the court-martial, which had
been brought to me by the President, I observ'd to him that they
had found the prisoner guilty of the crime with which he stood
charg'd, and that the sentence past upon him was such as I
could by no means approve of, as it was of such a nature as to
leave it in the breast of the prisoner to I'eceive or not receive the
punishment. That it was wresting out of the hands of the com-
manding officer a most essential and necessary power, the power
of mitigating or inflicting the punishment order'd the prisoner, as
he might see cause ; that the passing of two sentences upon a
prisoner try'd but for one crime, and leaving the option of the
punishment to be inflicted in the breast of the prisoner, was

* See PhiUip's despatch, 16 May. Ante pp. 139-141.

OFFICERS rNDER AEREST. 157

contrary to, and out of, the common practice of the service. I 1788
therefore requested that he would get it alter'd to either one or 9 j^jy.
other of the sentences, I did not care which.

Captain-Lieutenant Tench, the President, carried with him the
proceedings — soon after he came to me again with the proceedings
of the court, in the state of the inclos'd copy of it. From their
mode of proceeding, finding that they wanted to deprive me, as
commanding officer, of a power which I did not think myself Command-^
authorised to give up into the hands of others, I directed the p"owers^'''^
adjutant to write the letter of which No. 1 is a copy. To this invaded.
letter I very soon after received an answer, of which reply to
ISTo. 1 is a copy. Not being yet out of hope but that they might
be induced to make an alteration in their sentence, I caused the
adjutant to write the letter of which No. 2 is a copy, directed it
to the President and members of the court, at the same time
desiring the adjutant to inform them that it should be the last
time I would write to them on the subject, and that I should
look upon their refusal as a disobedience of orders. But tliis.
message, the adjutant says, he did not deliver; the reason why is
best known to himself. To this letter I received an answer, of
which reply to No. 2 is a copy. From their last answer, finding
them obstinate in assuming a power which I did not think vested
in them, and not deeming it prudent, in my present critical situ-
ation, to give up any pai-t of the power or authority with which
their Lordships have honoured me, I found myself reduced to
the disagreeable necessity of either giving up the consequence of
the commanding officer, or putting the President and members
of the court under an arrest, and the latter I did as the mode officers
least likely to injure the service, till the return of the Governor, ^\^^^
who was then absent on a party of discovery, when I hoped the
affair might be settled without my having occasion to trouble their
Lordships with it. On the return of the Governor I had still
more reason to be of this opinion, for, when I laid the court-martial,
together with the letters that passed on the occasion, before his
Excellency, and a verbal report of my having put the President
and members under arrest, he very humanely wished me to leave the
papers with him, saying that he would send for Captain Tench, and
endeavour to accomodate the matter, as he judged that the making The
an alteration of a few words in the sentence would make it a ^"J,^!""ts'"j^
proper one, but this endeavour his Excellency was not able to )inj3us
accomplish, and I have since been inform'd by him of his having """"^ '"
proposed to those gentlemen that the business should be left to
the decision of any three, five, seven, or nine officers to be named
by me and them, unless we wished him to name one of them.
To this they desired a short time to consider, and that they would
send their answer in writing, which should be final. In their
answer,* which I hope, and have requested, the Governor has still

• Post, p. 104.

158

HISTORICAL HECORDS OF NEW SOUTH WALES.

1788

9 July

The officers
on their
dignity.

Report to

the

Go\crnor.

His

decision.

Officers
return to
duty.

Dissensions.

Captain

Campbell's

opinion.

in his possession, they say that nothing short of what could not,
possibly, in our then situation, be granted — a general court-
martial, or a public reparation for the indignity done them — would
satisfy their feelings.

Upon the Governor receiving the above answer, he told me
that if I meant to Jproceed in the business I should send him a
report of the whole in writing. Of this report No. 3 is a copy,
in answer to which I received the reply to No. 3, and was, at
the same time, told by H. Excellency that he had determined on
the steps he was to take ; but that before he could or would
make his intention known to any person it was necessary that
I should first apply to him for a general court-martial upon them.
Having complied with his desire by writing him a letter of
which No. 4 is a copy, he soon after gave out the order of
which No. 5 is a copy. Of this order I had not the most distant
knowledge til it was bro't to me by the adjutant copied into
the orderly-book of the detachment, and when I had read it I
desired that the adjutant would, before he gave out the orders
for the day, shew it to the President and members of the court-
martial. On his return from them he gave a note, of which
No. 6 is a copy, and, as soon as the orders were given out, the
officers who had been under the arrest returned, and were by
me received, to their duty, which they still continue doing.

Since the above transaction, this detachment being mostly
composed of young officers, some of whom being without much
experience or military knowledge are led away into party, which
has, in a great measure, destroy'd that hai'mony so very essential
to good order and military discipline, and, indeed, I may say, of
which it is the very soul ; and I have found myself from my
present situation obliged to put up with such mortifying things,
more particularly from Captn. -Lieut. Tench, as nothing else than
that situation, my distance from their Lordships, my ardent
wish to promote the publick good, as well as my wish and
determin'd resolution to keep every kind of dissension (as far as
in my power lay) from the knowledge of the privates of the
detachment, could possibly make me submit to. Soon after my
having order'd the above officers under an arrest, I asked Captain
Campljell, the next officer to me in command, and an officer of
one-and-thirty years' experience in actual service, what judge-
ment he formed of the proceedings ; and I found him with me
in opinion, that if the officers who compos'd the court-martial
deem'd themselves injur'd or oppress'd by the request and order
they received, the time and situation they took to show their
obstinacy was highly improper, for even supposing them to
think their commanding officer wrong in his idea of the propriety
of their sentence, they well knew where they were sure of
obtaining redress (by laying their grievance before their Lord-

DISSENSIONS AMONG THE OEFICEES. 159

ships) without impeding the service ; and I have myself ever l^SS
made it a rule to obey all ordei-s, and if I thought them 9 July,
oppressive, made my complaint after having carried them into
execution ; nor do I believe it to be a very uncommon thing for
young officers to submit their own opinions iu military affiiirs to
the judgement of the more experienced, who are presumed to be
the best judges how far situation and the nature of the service
employ'd on may render it necessary to deviate from general rules.

I have, therefore, earnestly to I'equest you will move their Lord-
ships to take such steps in this affair as may to them appear most
proper and necessary ; and I must, at the same time, take the
liberty of observing that unless some decisive step is taken by their a decisive
Lordships to put a stop to the present disseution, and the restoring necessary,
subordination, it will be absolutely impossible for any commanding-
officer ever to carry on the service in such manner as to be either
useful to the publick or satisfactory to himself.

In justice to many officers of this detachment, I must take
the liberty of observing to their Lordships that I by no means
intend the above observation as a general one, as many of the
officers under my command do all the duties ordered them very
much to my satisfaction, and with a chearfulness and alacrity Some
that does them honour, and I cannot but likewise observe that praised,
the duties they have to perform are more severe than I ever
knew it upon any other service.

The same may, with justice, be said of the non-commissioned ^0°^

conduct

officers and privates, who, a very few excepted, seem impress'd of the
with a very proper sense of the natui'e of the service on which '■egr""ent.
they .are emjjloy'd, and perfoi'm all their duties, as well as the
different works order'd them, very much to the satisfaction of
every person in any kind of authority over them. I have, &c.,

R. Eoss, Major.
[Enclosure No. 1.]

Adjutant Long to Captain-Lieutenant Tench.
Sir, Camp, Port Jackson, March the 18th, 1788. is March.

I am directed by the commanding officer to inform you
that the court-martial of which you was President, and which
met this morning for the tryal of Jcjseph Hunt, private in the
15th Compy., for striking William Dempsey, pte. in Captn.
Mcicdith's cy., having pass'd a sentence by no means consistent The
with the martial law, it is therefore his orders that you con- be"rc\ iewed
vene the officers composing that court and proceed to passing
a sentence without the choice of two sentences, either to the
commanding officer or prisoner, and enclosed herewith you will
receive the original proceedings for such alterations as you and the
rest of the court may think necessary. I am, &c.,

J. LoNC, 2nd-Lieut and Adjut.

160 HISTORICAL EECORDS OP NEW SOUTH WALES.

1V88 [Reply to Enclosure No. 1.]

„ ^ Officers' Reply to Adjutant Long.

18 March.

Port Jackson, March 1 8th,
Sir, 4 o'clock in the afternoon.

We have had the honor of receiving your letter of this
afternoon, address'd to Captn.-Lt. Tench, ordering him to convene
us for the purpose of revising a second time the sentence we pass'd,
after the strictest deliberation and most impartial enquiry, on
Joseph Hunt, privte. in Captn. Campbell's cy., for striking Wm.
Dempsey, private in Captn. Meredith's compy., and beg leave to
The court acquaint you that we do not think ourselves authoriz'd to sit in
third thiie* ^ judgment a third time in the same cause, as the latter part of
the 10th Article of the Act of Parliament for the regulation of
his Majesty's marine forces while on shore expressly instructs us
"that no sentence given by any court-martial, and signed by
the president thereof, is liable to be revised more than once."
We have, &c.,

Watkin Tench, Capt.-Lt. and President.
RoBT. Kellow, '\

rp ^ -p. ^ ' ' > 1st Lieuts. and Members.
Thos. Timins, j
[Enclosure No. 2.]
Adjutant Long to Officers.
Sir, Camp, Port Jackson, March the 18th, 1788.

The I am directed by the commanding officer to acquaint the

anth'i'^tracts officers Composing the court that there cannot be two sentences
the court, past On a prisoner tryed for one crime, and as in their original
proceedings they pass'd two sentences, leaving it to the choice of
the prisoner which shall be inflicted, therefore returning those
pi"oceedings could not be a reversal, because it was not a sentence.
It is, therefore, his orders that you do immediately proceed to
finish the court-martial that you were in orders for, by passing
only one sentence for one crime. I am, &c.,

J. Long, 2nd Lieut, and Adjt.

[Reply to Enclosure No. 2.]
Officers to Major Ross.

Port Jackson, 18th March, 1788,
Sir, 7 o'clock in the evening.

W^e have been honored with your answer to our letter of
this afternoon, wherein you state that the proceedings of the
court-martial held this morning would not be sent back a second
time by you for a reversal, because a sentence was not passed.
The court "^g now beg leave to observe to you that we could not then, or

do we now, conceive it possible for us to alter a judgment which

THE COURT-MAKTIAL DIFFICULTY. 161

we gave after the most impartial enquiry and most mature delibera- ^^^^

tion without revising and I'econsidering the nature of the crime for is March.

which the prisoner was tried, the evidence given in, and the

defence — matters which we cannot think it proper or miHtary to

come again under our cognizance after we had revised them,

agreable to the latter part of the 10th Article of the Act of

Parliament for the regulation of the mai'ine forces while on shore,

and the custom of the Army.

We have, <kc.,

Watkix Texch, Captn.-Lt. and President.

Robert Kellow, \

John Poulden, { -, . t . , ^t i
n, -r^ V 1st Lieuts. anci Members.

Ihos. Davey, I

Thos. Timins, j

[Enclosure No. 3.]
Major Ross to Governor Phillip.

[In a letter to the Governor there is first a copy of the above
letter (7 o'clock in the evening) and then : — ]

From the above answer, finding that the court-martial seemed
determened to wrest all power from the commanding otficer, by
passing such a sentence on the prisoner they tried as to leave it
solely in his power to be punished or not, as he chose, I did
not think it consistant with my duty, either to the publick or
myself, to resign all authority into their hands, and give up the
command of the detachment entrusted to my care, — and from
their determined obstinacy I had no alternative left but the very
mortifying and disagreeable one of suspending the president and
memljers that composed the court-martial from all duty, by officers
putting them under an arrest, which I ordered the adjutant to an'est "'"^'^"^
do for disobedience of orders, til such time as the opinion of
more competent judges than either them or myself might be had
thereupon.

Your Excellency will therefore please to take such steps in this
disagreeable business as may appear to you most proper for the
establishment of good order and military discipline, so indis-
pensible and al)solutely necessary in our present critical situation.

I have, &c.,

R. Ross.
[Reply to Enclosure No. 3.]

Governor Phillip to Major Ross.

Sir, Head-quarters, 20th March, 1788. 20 March.

I have this moment received yours of this day's date,
informing me that you had suspended from all duty Capt.-Lieut.
Tench, Lieuts. Rol)ert Kellow, John Poulden, Thos. Davey, and
Thos. Timins, by putting them under arrest for disobedience of Tiie arrest.

M

162

HISTORICAL EECOUDS OF NEW SOUTH WALES.

1788
20 ilarcli.

Phillip
su<j!,'ests a
settlement.

■21 March.

A disasree-
-able duty.

orders, until such time as the opinion of more competent judges
than either them or yourself might be had, or the sentence past
by those officers, who were ordered l)y you to assemble on the
18th inst. for the trial of a private marine for unsoldierlike
behaviour ; your not approving of the sentence past by the said
officers, which, by your letter, left a choice of two sentences to
the prisoner, and they refusing to make any change in the
sentence, which in their letter they say they had revised once,
and were not at liberty to revise a second time, by the Act of
Parliament past for the regulation of his Majesty's marine forces
while on shore.

As there are only four captains and twelve lieutenants in the
detachment, two of which from their sickness are unable to do
their duty, the having one captain and four lieutenants under
arrest out of so small a number must very materially affect the
service. The opinion of most competent judges, if you mean the
opinion of the officers who compose the detachment, may be had
without any official application to me for that purpose, if you
and the officers under arrest are satisfied to leave it to their
decision ; and I shall be very happy if it can be immediately
settled by this means, and which I hope neither you nor the
officers under arrest will refuse, as I know no other alternative,
if not immediately settled, but that of a general court-martial.

I am, lire,

A. Phillip.

Sir,

[Enclosure No. 4.]
Major Ross to Governor Phillip.

Camp, Port Jackson, 21 March, 1788.

Subversion
of discipline.

Request for
general
eourt-
inartial.

Having found myself reduced to the most disagreeable
necessity of ordering Captn.-Lieut. Watkin Tench, First Lieut.
Robert Kellow, First Lieut. John Poulden, First Lieut. Thos.
Davey, and First Lieut. Thos. Timins, the first as president and
the others as members of a court-martial, which I ordered to
assemble on the 18th for the trial of Joseph Hunt, pte. marine,
and both of the detachment under my command, under an arrest
for passing what they call a sentence on the prisoner tried l)y
them of such a nature as, in my opinion, tends greatly to the
subversion of all military discipline, by passing two judgements,
and thereby leaving it solely in the breast of the prisoner, after
finding him guilty, whether he should or should not receive
corporal punishment, and for positively refusing when directed
by my order to make any alteration in the sentences they had
pass'd on the above Joseph Hunt, — •

I have therefore to request that you will please to order a
general court-martial to assemble for the trial of the above
officers for refusing to make any alteration in a sentence passed
by them on the prisoner tried, which, if suffered to pass, introduces

THE COTJRT-MARTIAL DIFFICULTY.

163

ii precedent iii its consequences subversive of all order and military 1738
discipline, and takes all the power of mitigation out of the hands 21 Marc
of the commanding officer, or in any other manner that may
appear to your Excellency most likely to restoi-e harmony and
support that military discipline and good order which is absolutely
necessary to maintain in the present critical situation of tha
detachment. I have, &c.,

R. Ross, Major.
[Enclosure Xo. 5.]

Gexeual Order.
Parole, Bengal. Head-quarters, 22nd March, 1788. 2-2Mirch.

The major commandant of the detachment doing duty in this
.settlement having, by letter dated the 21st instant, reported
the following officers under an arrest, viz. : — Captain-Lieutenant
"NVatkin Tench, First Lieutenant Robert Kellow, First Lieutenant
John Poulden, First Lieutenant Thos. Davey, and First Lieu-
tenant Thomas Timins, the first as president and the others as
members of a court-martial which he ordered to assemble on the
18th inst., for the trial of a private belonging to the detachment. The
the said court having, in his opinion,, passed a sentence which P°^'''°"
tends to the subversion of all military discipline, and requesting
that a general court-martial may be ordered to assemble for the
trial of the aforesaid officers for refusing to make any alteration in
the said sentence, or that it might be settled in any manner most
likely to restore harmony and support that military discipline and
gof)d order which is so absolutely necessary to be maintained.

The officers under arrest liaving declined the proposal made
of submitting the determination of this affiiir to any number of
officers, and having informed the Judge-xldvocate, who had orders
to propose that or any other mode of settling this matter without officers wish
a general court-martial, that they being put under an arrest by for court-
the Commandant did not conceive that anything less than a legal
<lecision by a general court-martial, or a public reparation from
their commandant, would clear their characters.

The service does not at this moment permit a general court- a -fenerai
martial to be assembled, the officers composing the detachment ^^^^^{^i
(exclusive of the five ofiicers under arrest) being no more than impossible
three captains and eleven subalterns, one of which is confined to
his bed by sickness, which reduces the number of officers in this
settlement eligible to sit on this occasion to thirteen, con-
sefiuently not leaving any one officer for duty. It is therefore
oi-dered tliat the minutes of the trial of the aforesaid private
sf>ldier, with the letters that have passed on the occasion between
the couit and the commandant of the detachment, l)e delivered
to the Judge- Ad v(K-ate, that when the service permits by there
l)eing a sufficient numl^er of officers to form a general court-

164

HISTORICAL RECORDS OF NEW SOUTH WALES.

1788

22 March.

To be held

when

practicable.

Officers to
return to
duty.

Read.v to
meet the
charge.

19 March.

The officers

thank

Phillip,

But

refuse to
leave arrest.

martial, and for the necessary duty of the camp, a general court-
martial may be then held on the said Capt.-Lt. Watkin Tench,
First Lt. Robt. Kellow, First Lt. John Poulden, First Lt. Thos.
Davey, and First Lt. Thos. Timins, if such general court-martial
shall be then required by either of the parties.

The officers now under arrest to return to their duty.

Geo. Johnston,* Adjut. of Orders.
A true copy from the original.

David Collins, Judge-Advocate.

[Enclosure No. 6.]
Declaration of Officers.
We are put under an arrest by the commanding officer for dis-
obedience of his orders. We are now ordered out of it, and
whenever Major Ross shall think proper to bring the merits or
demerits of our conduct to a legal decision we are ready to meet
the charge, and we once more repeat that a general court-martial
only can bring the matter to a proper issue.

Watkin Tench, Capt.-Lt. of Mars.

Robert Kellow, 1st Lt.

John Poulden, 1st Lt.

Thos. Davey 1st Lt.

Thos. Timins, 1st Lt.

Officers to Governor Phillip.!
Sir, Port Jackson, 19th March, 1788.

The friendly and handsome part you have taken in endea-
vouring to reconcile the unfortunate difference of opinion which
subsists between us, as the members of a court-martial, and Major
Ross, as commandant of the battalion of marines, demands our
warmest and most respectful acknowledgments. It is not, at the
same time, without pain that we state to you that we conceive
the treatment we have received so violent, and our present dis-
graceful situation so notorious, that we cannot, without injustice
to our feelings, consent to have the arrest we now suffer under
taken off until a public reparation should have been made for the
indignity we have been used with. We farther, sir, beg permission
to say that it is our unanimous opinion, should the measure we
have stated be deemed ineligible by the commanding officer, that
no meeting of officers, short of the customary usage of service in
like cases, can adequately and properly fix on a mode of extricating
us from the ignominious condition in which we have the honour to
subscribing ourselves, sir. Your most. Arc,

Watkin Tench. John Poulden.

Robert Kellow. Thos. Davey.

Thos. Timins.

* First Lieutenant of Marines.
t See Major Ross's despatch, 9th Jul}-, ante, p. 157.

LETTERS TO THE ADMIRALTY. 165

Major Ross to Secretary Stephens. 1V88

Camp, Sydney Cove, New South Wales, lo Ju'y-

Sir, 10th July, 1788.

Inclosed you will lind some letters from officers of this Officers who
detachment requesting to be relieved at the expiration of the ^'^"um.
time for which they understood their Lordships intended they
should continue here.

You will therefore please to communicate them to their
Lordships. I am, &c.,

R. Ross, Major.

[Enclosures.]

Sir, Camp, Port Jackson, 24th June, 1788. ^*"^""^-

I beg you will be pleased (the first opportunity) to forward
my request to my Lords Commissioners of the Admiralty that I "'^ ^""
may be relieved at the expiration of three years, or at the first
relief of this garrison, as my private affairs will require my
attention in England by that time. I am, itc,

John Poulden.

Lieut. Timins, July 8th, said — " My private affairs being so Timins.
situated as to render a longer absence from them highly in-
jurious."

Liettt. Davey, July 9th — Ditto to Lt. Timins. Davey.

Lieut. Cla.rke, June 22nd — Ditto to Lt. Timins. Clarke.

Lieut. Creswell, June 15th — "A longer stay in this country Creswell.
than the term of three years will be injurious to my private
affairs."

Lieut. Kellov), July 18th — "As a longer stay in this country Keiiow.
will be very injurious to my private affairs."

Governor Phillip to Secretary Stephens.*

Sydney Cove, New South Wales,

Sir, July 10th, 1788. lOJuly.

You will please to inform the Right Honorable the Lords Derarture
Commissioners of the Admiralty that I sailed from the Cape f™in the
of (iood Hope with the ships under my command the 12th of ''^^^^'
November, leaving my despatches for their Loixlships with
Captain Cox, who was at the Cape on his way to Europe from
India.

The wind continuing southerly for some days after we sailed,
it was the 23rd bef«jre we past the Cape, and the 25th being
eighty leagues to the eastward of it, then having strong westerly
winds, I left the Sirius and went on V)oard the Supply, armed On boani
tender, in order to precede the transports, in hopes of gaining *^® ^"W%
a sufficient time to examine Botany Bay, and fix on the most

* a portinn of this despatcli Tieiii},' identical with Phillip's despatch to the Home Office,
May 15, 17sS, is omitted. The passages omitted are iiidiuated by asterisks.

166 HISTORICAL EECORDS OF XEW SOUTH WALES.

1788 eligible situation for the colony ; at the same time I named

Lieutenant Shortland, the agent for the transports, who was

10 July. *^^ board the Alexander, to follow with that ship, the Scarborough,

and Friendship. They sailed better than the other transports,

and I wished to make some preparation for landing the stores

and provisions, which the convicts on board those ships would

enable me to do, if they arrived soon after the Supply, and before

Hunter with the other ships, as I had reason to expect. Captain Hunter, in

transports, the Sirius, was left with the rest of the transports. This was the

first separation that had taken place since we left England, and

the ships were then all very healthy. The strong westerly wind

continued, shifting regularly from the N.W. to the S.W. quarter,

and then backing round to the northward, very seldom coming to

the eastward, and then for a few hours only, untill the 3rd of

Janviary, when we saw the southern extremity of New South

Wales. The westerly winds now left us, and we had variable

winds with southerly currents until the 1 8th, when we anchored

Botany Baj-. in. Botany Bay. The Alexander, Scarborough, and Friendship

came in the next day, and the Sirius, with the rest of the ships,

the day following. These ships had all continued very healthy.
* * * * *

Major Ross having, by letters of the 8th and 10th of IMay,
requested that the surgeons might be ordered to examine into the
Sick officers, state of health of Fii'st Lieutenant James Maxwell, who had not
done any duty for some months, on account of a defection in his
sight, and of Second Lieutenant William Collins, who from a very
long and severe illness was in so weak a state that there were no
hopes of his recovery in this country, an order was given to the
principal surgeon of the garrison and the surgeon of his Majesty's
ship Sirius to enquire into the same, who have given it as their
opinion that the recovery of these officers depended on their return
to Europe, they have my leave ; the report of the surgeons is
enclosed for their Lordship's information.

As Major Ross will inform their Lordships of the particulars
respecting the detachment of marines under his command, I do
not trouble their Lordships with a repetition, and only inclose
the returns. Lieutenant Dawes, of the Sirius, who had done duty
with the detachment for some time, replaced Second Lieutenant
Collins.

The transports began to land their provisions and stores as
o^The^lii*^ soon as store-houses were ready to receive them. The Prince of
Wales was cleared the 23rd of May, and the Borrowdale the 12th
of June ; the rest of the ships in succession, and, the Fishburn
and Golden Grove excepted, all were cleared by the 25th These
ships as they were cleared had orders to get ready to return to
Europe, but the worm had so much destroyed their sheathing
that most of them were oblij^ed to heave down. The Fishburn,

'O^

LETTERS TO THE ADMIRALTY. 167

having the spirits on board for the garrison for three years, 1788
was retained untill a proper place could be got ready to receive lOJuiy.
them.

Lieutenant Ball, in the Supply, having sailed the 6th of May,
returned the 25th without being able to procure any turtle ; by
the accjunt that officer now gives of the island* it will not be any
great use to us ; no turtle breed there, there is no good water, or
any anchoringground ; the Supply being obliged to come too lost The Supply
an anchor and cable. The three transports that sailed for China a"fchor"and
came to this island before the Suj)ply left it, and one of them was cable.
near being lost.

I shall send the Sirius to the northward as soon as her carpenter
can be spared, and from what Monsieur La Perouse said I think
one of the Isles des Navigateurs the most likely to furnish the
refreshments we want ; at the same time, no supplies we shall be Supplies
al)le to procure in this country for several years will maintain the [siands'and
colony, and regular supplies of provisions must be sent from from
Europe. The seeds we have been able to put in the ground this """""P®-
year will, I hope, furnish sufficient seed for the next year, and
that is the most I expect. Of the live stock brought from the
Cape the greater part is dead ; several of the sheep have been Loss of live
killed, and it is doubtful whether by the natives' dogs or by some ^*°''''-
of our own people.

The natives, who are far more numerous than I expected to
find them, have lately revenged the insults they received from
some seamen and convicts, by wounding one of the convicts, and
carrying off a second, who, from circumstances, there is no doubt
but they killed ; these people were out collecting vegetables ; and
two men who were cutting rushes have been killed by the natives. Men killed
As I am well convinced that we have been the agressors, and ^^ "'^♦'i^es.
it is not possible to find out the people that committed these
murthers, I have only taken such steps as may prevent the like
accidents in future, and have endeavoured, by going to the places
to which the natives generally resort, to satisfy them that our
intentions are friendly ; but since these accidents, except two
canoes that went alongside the Sirius, the natives generally avoid
U.S. The day after the two last men were killed I went out in
hopes of finding their tools on some of the natives, which might
have enabled me to have come to an explanation with them ; but
not a native appeared in Botany Bay, where I slept that night. The blacks
and though twenty canoes were fishing when we made our fire on '^'s=iPP'^''''»
the beach, none came near us ; fifty canoes wer'e seen on the
beach next morning, but not a man could be found, and, on oui'
return to Port Jackson, in a small cove on the sea-shore, we fell
in with a number of hutts, and the moment we appeared, the
natives armed, and made signs for us not to advance, but on my
going forward unarmed, and making signs of friendsjiip, most of

* Lord Howe Island.

168

HISTORICAL HECOUDS Or NEW SOUTH WALES.

1738

10 July.

Two

hundred

natives.

Friendship.

The natives
hold aloof.

Store-ships

The climate
good.

Danger f I'on
lightniiig.

Two years'
provisions.

them laid down their spears, and thoiigh we were within ten
yards of them before they discovered us in less than three minutes
amounted to two hundred and twelve men. We parted with
these people on good terms, and their behaviour convinces me
that they will never be the first agressors, though I have been
fully satisfied that they revenge the smallest affront. Whether
from their superiority of numbers, for we were only twelve, or
from their not being accustomed to act with treachery, the
moment the friendship I offered was accepted on their side they
joined us, most of them laying down their arms ; and afterwards,
with the greatest confidence, brought down their women to receive
fish-hooks, and what we had to give them.

Of these people we know little ; for though I go amongst them
as often as the many circumstances which draw my attention
permit, yet not being able to remain any time with them, and
they never coming near us, but when we are near the coves in
which they reside, or for a few minutes in their canoes alongside
the Sirius, very few words of their language are attained.

The store-ships and transports are now preparing to return to
Europe, the Fishburn excepted. That ship camiot be cleared
untill a secure place is made for the spirits, which I hope will be
done, so as to permit her to sail before the middle of August.

I have only to add that, with respect to this country, the
climate is very good, and it will, I make no doubt, be as healthy
as any in the world when the woods are cleared round us. At
present the only disorder that prevails is the scurvy, which still
rages. The storms of thunder and lightening, judging from what
we had soon after we landed, must be very heavy in the summer ;
and as several trees have been fired and some sheep and hogs
killed in the camp, all the provisions the colony has to subsist on
untill fresh supplies are sent from Europe being in two stores,
which are thatched, give me some anxiety, but for which there is
no remedy at present. Had the three store-ships parted company
and afterwards been lost the consequences must have been fatal
to the settlement, for no resources within our reach would have
supported us untill supplies could have been procured from the
Cape or any European settlement.

Their Lordships will, without doubt, order that those sent out
in future are embarked in the ships that bring the provisions
intended to support them for two years after they land, which is
the least time they can be victualled for, untill a regular cultivation
has taken place, and which will, I apprehend, be four years. The
islands may furnish us with live stock to breed from, but I am
fully satisfied that all the Sirius will be able to procure in a year
will not be more than a month's subsistence for the colony, should
we be obliged to make use of it. The Supply is no way calculated
for a service of that kind. Cloathing in this country is full as

LETTERS TO TEE ADMIEALTT. 169

necessary as in England, the nights and mornings being very cold ; 1788
and before any supplies can be sent out most of the people will lo July.
be without shoes, the most necessary article.

Of the convicts, thirty-six men, four women died on the passage,* Deaths,
twenty men eight women since landing ; eleven men and one
woman have absconded, and are supposed to have perished in the
woods ; three have been killed by the natives, and four have been
executed.

The rains setting in have prevented the Golden Grove being jRain.
cleared, and that ship will sail, with the Fishburn, as soon as
possible after the other ships.

The weekly accounts, returns of marines on board the Sirius,
and last weekly return of the detachment serving on shore are
inclosed. I have, &c.,

A. Phillip.

Major Ross to Secretary Stephens, t

Camp, Sydney Cove, New South "Wales,
Sir, 10th July, 1788.

You will please to inform the Right Honourable the
Loi'ds Commissioners of the Adm'lty that since my last letter
from the Cape of Good Hope, which we left the 13th Novr.,
1787, nothing material happen'd till a few days after, when
Governor Phillip inform'd me for the first time of his intention Altered
of proceeding to Botany Bay in the Supply, tender, as he wished, p'^°^-
if possible, to arrive there some time before the rest of the fleet.
He likewise said that the Alexander, Scarboro', and Friendship,
the best sailing transports, should be order'd to follow him under
the direction of the agent, and that the other transports, with
the victuallers, were to be left with Captain Hunter. He then
asked me if I chose to proceed in either of the first-named
transp'ts. I told him I was there to be dispos'd of in whatever
way he might think I could be made most useful for carrying on
the publick sendee ; but as the principal part of the detachment
under my command were on board the transports which were to
•proceed with the agent, I thought it best to go with them if he
approv'd of it. I could not, I confess, but feel myself much hurt
at His Excellency's not having given me the most distant hint
of his intention pidor to our quitting the Cape, that I might No notice
have made some preparation for such an event, and more par- K»ven.
ticularly so as I found that it had been made known to others, as
a proof of which I received my first intimation of his design from
the mess of the Sirius's gun-room.

* Aceordinff to the official return, post, p. 193, there also died five convicts' children, one
marine, one marine's wife, and a marine's child, niakinjf the total number of deaths on the
passa'/e 48.

t Major Ross, in this despatch, writes upon matters which are dealt with in Phillip's
desi)atch of loth May. Ante, pp. 121-136.

170

HISTORICAL RECORDS OF NEW SOUTH WALES.

1788

10 July.

On board
the Scar-
borough.

Gales.

Botany Bay.

A bad situ-
ation.

Port
Jackson

chosen.

French
ships in
Botany Bay,

On the 25th November, the Governor, with Lieut. King and
Lieut. Dawes of the Sirius's detachm't of marines, embark'd on
board the Supply, myself and the Adjutant onboard the Scarbro',
and the Qr.-master, who I thought it necessary to carry Avith nnj
(to take charge of such marine stores as might be landed), on
board the Alexander. At 1 2 o'clock we parted company, and in the
evening of the same day we lost sight of both the Supply and Sirius.

From this time til our making the South Cape we were most
fortunate in fair winds, but from thence to Botany Bay we had
bafeling, and at times, strong gales.

On the morning of the 19th of Jan., 1788, the Alexandei-,
Scarl^ro', and Friendship entered Botany Bay, where we found
the Supply had arrived the evening before, and the next morninu
the Sirius, with the other transports and victuallers, joined us.

Immediately on my arrival I waited upon the Governor, whom
I accompanied in quest of the most proper spot for carrying his
Majesty's intention of forming a settlement on this coast into
execution.

Meeting with no eligible situation on this or the following-
day's excursion, the whole country, as far as we saw, appearing
to us to be either sand, rock, or swamp, and, as far as we could
judge, unfit for any kind of cultivation. From this appearance
his Excellency, before he would land the detachment or the
convicts, detex-min'd to explore the nearest harbour (mention'd
by the late Captn. Cooke) to the northward.

Before he left us (22nd Jan'y) he directed me to land a certain
number of men on the south side of the bay every morning to
fall trees and form saw-pits, in order that the whole might be set
to work in errecting stores, &c, in case he did not meet with a
more promising situation. On his return he inform'd me that he
found Port Jackson one of the finest harbours in the world ; that
he had determin'd to fix the settlement in one of the many coves in
it, and that he would proceed before us in the Supply, the Sirius,
with the transports and victuallers, to follow as soon as possible.

On the 25th, his Excellency, with a detachment of two subalt'ns,
a proportion of non-commiss'd officers and twenty j^rivates, sail'd
for Port Jackson ; and on the 27th the Sirius, with her convoy,
with much difficulty worked out of the bay, and just as the night
came on got safe into the cove, where we now are.

I have to observe to their Lordships that on the day we left
Botany Bay two French ships of war arrived there. I found
they were on a voyage of discovery, but as Governor Phillip can
give their Lordships a much better account of them than I have
the power of doing, I must refer their Lordships to his letter on
that subject.

On the 26th his Excellency directed that a number of the
convicts should be landed every morning for the purpose of falling

LETTERS TO THE ADMIRALTY. 171

ices ;ui(l forming saw-pits, go on l)()ai'd to dinner, land after it, 1788
I'ld ))(' enil)ark'd again in the evening. This mode being found lojuly,
trdious and troublesome, two days after orders were given to
land the detachment and the convicts as soon as tents could be
L;()t ready for them, which was soon accorapKshed, and all in
health landed ; the Governor, with the civil department and a
number of the convicts, taking possession of the east side of a Lauding,
-mall stream which runs into the cove, and the marine detach-
ment, with the rest of the convicts, of the west side of it, in
which state we still remain, and send a subaltern's guard to the
opposite side eveiy morning.

Here, in justice to myself and the detachment under my com-
mand, I must observe to their Lordships that the detachment is
at this hour without any kind of place of defence to retire to in
case of an alarm or surprize, tho' I have, in justice to myself. No defences,
repeatedly mention'd and urged his Excellency to get something
or other errected for that purpose. Indeed, a surprize seems to
me, from all I have seen, to be the only danger we have to
apprehend. The natives, tho' in number near us, shew no
inclination to any kmd of intercourse with us, for ever since our
arrival there lias not one of them come near us on this side, and Natives shy.
only two, who had been known at Botany Bay, visited the other
side soon after our arrival.

Tho' we have had little or no opportunity of coming at their
i-eal dispositions and character, yet I am by no means of opinion
that they are that harmless, inoffensive race they have in general
been represented to be, and my suspicions have in some measure ,^ot sp
been confirm'd by an event that Ciiptn. Campbell met with a few rcpiesented.
weeks past. Being out with a party, he met with the bodys of
two of the convicts (who had been sent out to cut thatch for
covei'ing in the stoi-e-house), who had been most barbarously
mangled and murther'd by the natives. One of the bodys had
no less than seven spears in it, some of which went through and They kill
througli, and the skulls of both wei-e fi-actui'ed. What appears convicts.
A-ery e.xtraordinaiy is that they took away no part of the pro-
visions or cloths belonging to the unfortunate men, but the whole
of their working implements had Ijeen cai-ried off. But to return
to the detachment. We still remain under canvas, no habitations Under
being provided for either officers or men but what they themselves, '^'^"^'***
with the assistance of four carpenters and a few others, convicts
(all of no trades), has been given me for the use of the detachment,
were for some time errecting, and wlien any of them will be
finished (the whole, from the nature of this sandy soil, being
obliged to be constructed of wood) is impossilile for me to say ;
but I fear it will be a length of time before the principal butts can Building
possibly be finished, for the wood here is of so indifferent a (juality ''"*^-
that we sometimes fall a number of trees before we meet with one

172

HISTORICAL RECORDS OF NEW SOUTH WALES.

1788
10 July.

Sick
increasing.

Men from
the ships
assisting to
erect
buildings.

Dawes.

King sent to

Norfolk

Island.

Unpromis-
ing country.

that can be converted to any use, and as the huts are, for want
of other mateiuals, to be shingled, it becomes a very tedious liit of
work. The consequences to be apprehended from this delay are
to me truely alarming, for our sick list increases daily, and the
scurvy is making great havocks among us.

Finding that the Governor had employed carpenters and sawyers
from the Sirius, as well as the transports, paying them for their
work, I applied to him for an order to employ such artificers as
could be found in the detachment, in order to assist in hutting
both officers and privates, without which we never should have
got from under canvas covers, which order he granted, saying they
should be paid agreeable to the usual custom of paying troops for
extra work. I immediately caused that order to be made publick,
and the artificers are now employed, with the four carpenters
already mentioned, errecting the necessary buildings.

I hope their Lordships will see the necessity I was under of
adopting this method, and as I had no other method of retaining
them, the men knowing that artificers employed by the Governor
were to be paid for their work, I hope they will approve of what
I have done.

On the 23rd March, Lieut. Dawes, a corporal and eight privates
of the Sirius's detachment of marines, were sent to do duty with
the detachment on shore. Soon after liis Excellency order'd Lieut.
Dawes to be discharg'd from the ship's books, and to be put
upon the strength of the detachment in room of Second Lieut.
William Collins, who from ill-health is obliged to be sent home,
immediately after which he gave out in public orders that Lieut.
Dawes was to do the duty of engineer and artillery officer, by
which means the subalterns of the detachment are in no shape
reliev'd by his joining us.

Soon after our arrival here the Supply was order'd, with Lieut.
King, of the Sirius, some male and female convicts, to Norfolk
Island, but with what instructions or appointment I am entirely
unacquainted.

As I have not since my arrival here been out of hearing of the
drums of the detachment but once by water with the Governor,
it is impossible for me to give their Lordships any other account
of the country than the little I have learned from those who have
made excursions a few miles round, and sorry am I to say that
the accounts are by no means of a flattering kind. The country in
general is rocky and barren, a very few spots excepted. Nothing
but small streams of water have yet been discover'd. All the
stone yet seen is of one kind, something like our Portland stone.
The face of the country is, as described by Captn. Cooke, covered
with trees, the greatest part of which has the appearance, but
the appearance only, of being very tine timber. The best kind is
a tree with a pine top, but it is very hard, and in grain not

LETTERS TO THE ADMIRALTY. 173

unlike the English oak, and is the only one that can be made use 1788
of, but it does not grow to any considerable size, and such as are lojuiy.
of any tolerable size are all rotten in the heart. It may be poyT^ji^er
worthy of remark that the same tree is often found to be for
some feet perfectly sound, then decayed, then sound, and so on
alternately, but of such, and cabbage-trees, are our officers and
men, with great labour and difficulty, obliged to foi-m their hutts.

Might I presume to intrude an opinion on their Lordships with
respect to the utility of a settlement upon this coast, at least
upon this part of it, it should be that it never can be made to
answer the intended purpose or wish of Government, for the
country seems totally destitute of everything that can be an The site
object for a commercial nation, a very fine harbour excepted, and '^<^""^'"*'^ •
I much fear that the nature of the soil is such as will not be
brought to yield more than sufficient sustainance for the needy
emigrants whose despei'ate fortunes may induce them to try the
experiment. Here I beg leave to observe to their Lordships that
the above is but a private opinion. The Governor's I am Ross'
unacquainted with, as he has never done me the honor of inform- opinion,
ing me of his or asking me for mine ; neither has he made me or
any other person that I know of acquainted with any part of the
intentions of Government, nor have I been let into any part of his
plan, which will, I hope, be a sufficient apology for the very lame Jfot
accounts in my power to give their Lordships, independant of PMiiip.'^ ^
what I have already said. The face of the country round us
produces dreadful proofs of the devastation caused by the frequent
lightnings, besides our having been already visited by a shock of Lightning
an earthquake, which happened on the 22nd of June. The fatal ^u^^^gs'^'^"
effects of the first Captain Campbell and myself have woefully
experienced in having the principal part of our live stock (all our
sheep and lambs, with some hogs which we purchased at the Cape
of Good Hope) destroyed by it soon after our arrival, and what Live stock
little remains among the whole of us are now in a starving con- '^^'''"J'^-
dition for want of food to feed them. While I am on this subject
I shall take the liberty of mentioning to their Lordships the
quantity of provisions served to myself, the officers and men of
the detachment, in which there is now no difference between us
and the convicts, but in half a pint per day of P^io spirits, which Bad spirits.
in taste and smell is extremely offensive. Indeed, I may say that
nothing short of absolute necessity could induce men to use it.
What makes this the more severely felt Vjy many of us is our not
having known what we were to be supplied with till it was nmch
too late to make any other provision for ourselves.

I have likewise to oljserve to their Lordships that the quantity
of provision served to the detachment is short of what it used to Shortration.
be. On my mentioning this, at the request of the officers and
privates, to his Excellency, he said that it was by particular

174

HISTORICAL RECORDS OF NEW SOUTH WALES.

1788

10 July.

Deduction
made.

A broken
promise.

Scant
allowance.

The Sirius.

Wine and

spirits.

Victualling
defective.

direction from the Navy Board he was to deduct a certain weight
from each species of provisions issued. I then inform'd him of
its being the first instance I had ever known in which a Com-
missary made any deduction from the daily ration, unless it was
by a general order to put the whole upon short allowance. If
his Excellency thought it right to give such an oi'der, I would
answer for the detachment receiving whatever he ordered without
a murmur ; but that men never would without such order be
satisfied with fourteen for sixteen ounces of anything. I like-
wise mentioned to him that this detachment came out with a
promise from their Lordships of their being properly victualled
while they remained here, and that I had myself been informed
by Mr. Nepean, of the Secretary of State's office, that we were to
be victualled in every respect the same as the garrison of Gib-
raltar, only not to pay for our rations. That had I not under-
stood it so, and could I possibly have imagined that I was to be
served with, for instance, no more butter than any of the con-
victs (nearly six ounces per week), I most certainly would not
have left England without supplying myself Vi^ith that article, as
well as many other, or oyle, for my own use. His Excellency
then said that he would write home for permission to increase the
present allowance, which he hoped and had no doubt would be
granted him, in which case every deficiency from the time of
our landing should be made good ; but it may be necessary to
observe that this declaration followed my observing to him the
customary ration I had ever known troops to receive, and that I
thought it aljsolutely necessary to inform their Lordships of our
present situation.

On the 20th June his Excellency order'd the corporal and
eight privates lent from the Sirius to be sent on board again,
saying that he would discharge three privates from the ship's
books to complete the detachment, which he did on the 2nd
instant, and now we are complete with the same number of men
we first eml^ark'd with. I likewise beg you will inform their
Lordships that on the 8th instant the Governor read the copy of
a letter from Mr. ISTepean, of the 10th May, 1787, wherein he
authorizes his Excellency to purchase on the jDassage a proportion
of wine or spirits to serve the marines three years, but that it
must be understood that at the expiration of that time there
would be no more wine or spirits allowed.

It is therefore, in justice to the detachment under my com-
mand, my earnest request that their Lordships will please to take
us under their protection, and cause us to be properly victualled
in the manner they intended ; and as it is not possible to suppose
troops can subsist with comfort on salt provisions and water
only, it is hoped this request will be attended to, as I can affirm
that no troops in the King's service ever had such severe duty to

INADEQUATE SUPPLY OF MEDICINES. 175

do ; so can I with equal truth say that duty can never be done ^"''^^
with more alacrity than it is done by this detachment. icuuiy.

But should their gropf be stopt I dread the consecjuences, and Grojr indis-
must pray that before such an e^■ent takes place, should it be so P'=''^^J<^-
intended, their Lordships will order the detachment to be relieved,
;ind shall hope I may be permitted to share with tliem in the
same induli:'ence.

I also beg leave to mention that clothing will be very much Clothing.
wanted for the detachment, they being already intitled to the
tpiantity first sent out.

I must likewise intreat their Lordships will please to order a
supply of stationary to be sent out, as the quantity we have stationerj-.
lirought with us is far too small for the necessary uses of the
detachment, guards, &:c. I am, etc.,

R. Ross, Major.

SuRGEOx White to Lord Sydney.*

Sydney Cove, Port Jackson,

:\Iy Lord, New South Wales, July, 1788.

The jirevalence of disease among the troops and convicts,
who on landing were tainted with the scurvy, and the likelyhood of
its continuance from the food (salt provisions) on which they are
from necessity obliged to live, has made the consumption of
medicines so very great that the inclosed supply will be very More
much wanted before any ships can possil^ly arrive here from required!^
England.

The distress among the troops, their wives and children, as
well as among the convicts, for want of necessaries to aid the
operation of medicines has been great. What are included under
the head of necessaries I take the liberty to enumerate, which
are sugar, sago, oatmeal, bai'ley, rice, currants, different spices, Medical
vinegar, and portable soup. Indeed, our situation, not having any ^'""'°"^
fresh animal food, nor being able to make a change in the diet,
which has and must be salt meat, makes these things more
necessary here than, perhaps, in any quarter of the globe. How-
e\er, the necessity of having these things sent out by the first
opportunity will no doubt be strongly recommended to your
Lordship's notice by his Excellency Governor Phillip. I have
mentioned them lest they should escape him through the multi-
plicity of matters all new settlements afford. I have to entreat
your Lm-dship will be pleased to cause the medicines to be sent Medicines
from Apothecaries' Hall, where they are sure to be genuine and
fresh, a cii-cumstance, considering the immense distance we are
off, and the length of time which it will take before we can
receive them, that cannot be too much attended to. Care in the

* See Wliite to Phillip. Ante, p. 142.

176 HISTOEICAL RECORDS OF NEW SOUTH WALES.

1788 puting them up and having them placed in a dry place where
10 July, no wet can come at them during the voyage, is another circum-
stance equally to be attended to.

I have, &c.,

John White, Surgeon.

Major Ross to Uxder Secretary Nepeax.*
Camp, Sydney Cove, New South Wales,
My Dear Sir, 10th July, 1788.

I know not whether the Secretary of State expects I am
to write to him or not, but I suppose rather not, for as I came
out without any orders or instructions from your office with
respect to the intentions of Government, so am I still ignorant of
it, for the Governor has never told me, neither has he ever
advised or consulted with me on the subject, and I beleive every-
body else are in the dark as well as myself. Should his Lordship
Ross's expect letters from me, I hope you will think the above a sufficient

" "' excuse, for I cannot see how I could write without informing

him of the manner in which the Governor treats me as Lieut. -
Governor ; and as to the detachment, they have just the same
cause for complaint that I have. This you will see cannot be
done without my letter coming in the manner of a complaint,
which I by no means wish to be the case at this stage of the
business ; but I will not answer for what may be the case here-
General dis- after, for, take my word for it, there is not a man in this place
but wishes to return home, and indeed they have no less than
cause, for I believe there never was a set of people so much upon
the parrish as this garrison is, and what little we want, even to
a single nail, we must not send to the Commissary for it, but
must apply to his Excellency, and when we do he allways sayes
there is but little come out, and of course it is but little we get,
and what we are obliged to take as a mark of favor.
The 'oountrj' If you want a true description of this country it is only to be
con emue . £q^j-^j amongst many of the private letters sent home ; however, I
will, in confidence, venture to assure you that this countiy will
never answer to settle in, for altho' I think corn will grow here,
yet I am convinced that if ever it is able to maintain the people
here it cannot be in less time than probably a hundi^ed years
hence. I therefore think it will be cheaper to feed the convicts
Convicts and On turtle and venison at the London Tavern than be at the
turtle. expence of sending them here.

I have now only to add my hope that yourself, Mrs. Nepean,
and the family are well, and to assure you that it is not possible
you can be better than you are wished to be by James Campbell,!
as well as by, my dear sir, Yours, &c.,

R. Ross.

* A private letter. f Captain Campbell.

PHILLIP REPORTS PROGRESS. 177

GovEKNOR Phillip to Lord Sydxey. 1788

:\Iy Lord, Sydney Cove, July the 10th, 1788. i'^-^"'-^-

In obedience to the instructions I received under the Royal
Sign Manual, resjjecting the natives, and* transmitting an account
of the nature and quality of the soil in and near the settlement,
and the mode, and upon what terms and conditions, according to
the best of my judgment, lands maybe grafted,* I have the honor
(jf inf(jrming your Lordship that the natives have ever been treated The natives.
with the greatest humanity and attention, and every precaution
that was possible has been taken to prevent their receiving any
insults ; and when I shall have time to mix more with them every
means shall be used to reconcile them to live amongst us, and to Their fiieii<i-
teach them the advantages they will reap from cultivatmg the ^ "^' **^"''
land, which will enable them to support themselves at this season
of the year, when fish are so scarce that many of them perish witli
hunger, at least, I have strong reason to suppose that to be the
case. Their numljer in the neighbourhood of this settlement, that Their
is within ten miles to the northward and ten miles to the south- "'™ '''"
ward, I reckon at fifteen hundred.

With respect to the soil, I have had the honor of informing your
Lordship that near the head of the harbour there is a tract of
country running to the westward for many miles which appears
to be in general rich, good land ; the breadth of this tract of Good laixi.
country I have not yet been aljle to examine, but I believe it to
be considerable. These lands, and several particular spots, may ])e
settled, and the ground cleared of timber, without the great laljour
we experience in the situation in which I have been obliged to fix
the colony. Farmers and people used to the cultivation of lands. Farmers as
if sent out (and without which agriculture will make but a very '^"''^'■^•
slow progress), must be supported by Government for two or three
years, and liave the labour of a certain numljer of convicts to
assist them for that time, after which they may be al)le to support
themselves, and to take the convicts sent out at the expence which
Govei'nment is put to for their transportation ; but then, I presume,
none should be sent whose sentence is for a less term than fourteen
years. A yearly fine to be paid for the lands granted, after the Limd tyrants.
fifth year ; the fine to be in grain, and in proportion to the crop ;
and this, T should liope, would be the only tax laid on the crop.s,
giving the church lands in the room of tythes.

The .sending out settlers, who will be interested in the laljor of Settlers
the convicts, and in the cultivation of the country, appeai-s to me ^'''"''®'^'
to be absolutely necessary.

Lands granted to officers or settlers will, I presume, be on Conditions
c<jndition of a certain proportion of the lands so granted being [,^J,t"'^"
cultivated or cleared within a certain time, and which time and
(quantity can only be determined by the nature of the ground and

N ♦ Ante, pp. 85-91

178

HISTOmCAL RECOP.DS OF NEW SOUTH WALES.

1788

10 July.

An opinion
to order.

situation of the lands ; and, in that case, when lands are granted
to officers, the garrison must be sufficient for the service of the
place, and to permit such officers occasionally to be absent at the
lands they are to cultivate, and for a certain time ; they likewise
must be allowed convicts, who must be maintained at the expence
of the Crown.

Your Lordship will be pleased to consider this opinion as given
in obedience to orders, on a subject which requires more considera-
tion than I can give it at present, and at a time when I have
only a very superficial knowledge of the country for a few miles
around. I have, ifec,

A. Phillip.

Survey
of Port
Jackson.

Letters from
La Peroiise.

Natives

appropriate

fish.

Precautions.

Governor Phillip to Under Secretary Nepean.*

Sydney Cove, Port Jackson,

Dear Sir, July the 10th, 1788.

By the Alexander, under the care of Lieutenant Short-
land, agent for the transports, I have sent dispatches to the Right
Honourable the Lord Sydney and for yourself, with a rough sur-
vey of Port Jackson. Duplicates of these dispatches go by the
Friendship, under the care of Lieutenant Collins, of the marines,
triplicates of most by the master of the Borrowdale, and a
quadriplicate of my publick letters to you by the Prince of
Wales. With your dispatches I have sent duplicates and tripli-
cates of my publick letters to the Admiralty and Navy Board,
and I have taken the liberty of troubling you with some private
letters.

Lieutenant Shortland is likewise charged with a box of letters
from Monsieur La Perouse for the French Ambassador.

Yesterday twenty of the natives came down to the beach, each
armed with a number of spears, and seized on a good part of the
fish caught in the seine. The coxswain had been ordered, how-
ever small the quantity he caught, always to give them a part
whenever any of them came where he was fishing, and this was
the first time they ever attempted to take any by force. While
the greatest number were seizing the fish, several stood at a
small distance with their spears poised ready to throw them
if any resistance had been made, but the coxswain very pru-
dently permitted them to take what they chose, and parted good
friends. They, at present, find it very difficult to support them-
selves.

In consequence of what happened yesterday, no boat will in
future go down the harbour without an officer.

I have, etc.,

A. Phillip.

* a similar letter was sent to Secretarj- Stephens.

COXFIDEXTIAL LETTERS. 179

Governor Phillip to Lord Sydney.* 1783

My Lord, Sydney Cove, tJuly, 1788. lojuiy.

The publick letters to your Lordship will show the situation
of this settlement, and the little diflicultys we have met with. Difficulties,
which time, an additional force, and prosier people for cultivating
the land will remove; and your Lordship may be assured that
anxious to render a very essential service to my country, by the
establishment of a colony, which from its situation must here-
after be a valuable acquisition to Great Britain, no perseverance
will 1)6 wanting on my part, and which consideration alone could
make amends for the being surrounded by the most infamous of
mankind, it is to your Lordship and to Nepean only that I make
a declaration of this kind. Time will remove all diflicultys, and Time will

with a few familys who have been used to the cultivation of fe'^o^e
111- •!! 1 • 11 them.

lands, this country will wear a more pleasing aspect, and those
who are to come out, knowing what the country really is, will be
less disapointed. As to myself, I am satisfied to remain as long
as my services are wanted : I am serving my country, and serving Devotion
the cause of humanity. I flatter myself that by the return of *° ^"'••''•
the ships that brought us out provisions, and on wliic.h is 'placed
our sole dependence, I shall be able to give your Lordship a more
satisfactory account of this country.

Lt. Philip Gidley King, the second lieut. of the Sirius, who is King
at Norfolk Island, is a very steady, good officer. He, too, is cut off P''^'^^^-
from all society, and is in a situation that will require patience
and perseverance, both of which he possesses, with great merit in
the service as an officer ; as such I beg leave to recommend him to
jour Lordship. The rank of master and commander he well His pro-
earned in the late war, and I should be very happy if he now asked"or
attained it, thro' your Lordship. | I have now, my Lord, only to
request that my compliments may be made acceptable to Lady
Sydney and family, and as I have directed my official letters to
Mr. Nepean, to Mr. Townshend in particular, I hope he will not
forget his exiled friend.

Of your Lordship's friendship I have had proofs, and of which
I retain a just sense; add to the obligation, my Lord, by believing
that I merit the friendship you honor me with, and that I am,
with esteem, — Your Lordship's, &zc.,

A. Phillip.

Governor Phillip to Lord Sydney.§

My Lord, Sydney Cove, July 10th, 1788.

I have now closed all my pu})lick letters, which, from the

hurry in which they have been written, will appear unconnected,

♦ A private letter.

t The (lay of the month is not ffiven, but the letter was probably written on the same day
Jis the oHicial despatches, i.e., luth July.

} King was promoted 2iid .March, IT'.U. § A private letter.

180

HISTORICAL RECOKDS OF NEW SOUTH WALES.

1788
10 July.

Care for the
natives.

Presents
for England.

Birds.

A kanajaroo.

12 July.

Urgent
wants.

Leather.

Warm
clothing.

Yinegar.

and stand in need of an apology. Your Lordship will see by the
last letter that the natives, armed, took some fish by force from
the boat's crew. The temptation was great, for the quantity
caught was considerable, and fish is now very scarce. We shall
guard against any dispute on tliis head in future, and when the
ships sail I shall have time to go amongst them and to give them
some little assistance if, from the rains having ceased, fish can be
caught in any quantity.

The enclosed memorandum contains the articles for your Lord-
ship, which are on l^oard the Alexander, and of which I beg your
acceptance. The wine will, I hoj^e, be improved by the voyage.

I have once more the pleasure of assuring your Lordship of my
esteem, and of a just sense of the friendship with which I am
honor'd, and of requesting that my respects may be made accept-
able to Lady Sydney, with compliments to Mr. Townshend. The
birds from Lord Howe Island may be acceptable to Lady Chatham ;
and I am sorry that I have not been al)le to procure any small
birds for Miss Townshend, to whom, likewise, your Lordship will
please to make my compliments.

The kangurroo* for your Lordship is the largest I have yet
seen. As it stands it measures five feet nine inches. This extra-
ordinary animal makes the same use of his fore feet as the monkey
does. Major Ross has one alive. It is young, very tame, and
comes to you and embraces your hands with the fore feet. The
female was killed, and the young one remained by the body.

Wishing your Lordship health, I have the honour to be, with

the greatest esteem, &c..

A. Phillip.

Lt. Collins, whose bad state of health obliges him to return, I
beg leave to recommend to your Lordship's notice.

Governor Phillip to Under Secretary Nepean.

My Dear Sir, Sydney Cove, July 12th, 1788.

To the articles which I have mention'd as moi'e immedately
wanted, the following, tho' so very necessary, have escaped my
memory till this moment. Leather for soals for the men's shooes,
and the materials for mending them. Shooes here last but a very
short time, and the want of these materials, and thread to mend
the cloathing, will render it impossible to make them serve more
than half the time for which they were intended. This country
requires warm cloathing in the winter ; the rains are frequent and
the nights very cold.

You will excuse the repetition of our wants ; they will, I hope,
be less in future. I have, &g.,

A. Phillip.

Vinegar will be very acceptable ; it is very much wanted.

* Up to this time no agreement seems to have been come to as to the spelling o
" kangaroo."

A LETTER EllOM THE CHAPLAIN. 181

Thk Rev. Ricuard Johnson to Under Secretary Nepean, ^^^^

Port Jackson, in the county of Cumberland, " " ^

Hon'd. Sir, New South Wales, July 12th, 178S.

Though I have nothing particular to mention to you, I
cannot think of letting the fleet return to England without droping
you a single line to inform you of my health and welfare. It
would be unnecessary for me, sir, to give you any account of the
various circumstances or incidences respecting the fleet during
<;)ur late passage from England to .this distant part of the globe,
as, no doubt, you will receive ample imformation respecting these
matters, together with a description of this country as to climate,
natives, &c., &c., from his Excellency Arthur Phillip, Esq., our
Governour, and others. Everything here is as yet (as you may Things
easily suppose) very unsettled, but hope in time our situation will "^settled.
l)e rendered more comfortable ; and, even now, all things considered,
thank God, I have no reason to complain.

You may remember, sir, a circumstance which greatly interested
the public a little before our leaving England. This was respecting

the Norwich goaler and two convicts, and , which,

with a child, were removed from Norwich gaol to Plymouth in
order to be embarked on board one of the transports bound to
New South Wales. These two persons I marx^ied soon after our Marriage of
arrival here. Some persons made a charitable contribution for
these two persons, collected the sum of £20, and laid this out in
various articles, at the same time requesting I w'd see this delivered
to them upon our arrival here. Unfortunately, these have not
Ijeen found. This circumstance has been brought before the
Ci\al Court here, when a verdict was found in their favor ag'st
the captain of the Alexander. Am sorry this charitable in-
tention and action has been brought to this disagreeable issue, the
more so because the public seemed to be so much interested in
their welfare. The child is still living — of a weakly constitution,
but a fine boy.

Hope, sir, you will excuse my freedom in directing these few
lines to you, my chief intention, as I have already mentioned,
l>eing to inform you of my health and welfare, and that I may have
the honour of once more subscribing myself, &c.,

Richard Johnson.

Major Ross to Governor Phillip.

Camp, Svdney Cove, New South Wales,
Sir, " 22nd August, 1788. •■^sAug.

Having on the 15th of May represented to your Excel-
lency the absolute impossibility of erecting barracks for the
officers and men of the detachment without employing such
artificers for that purpose as could be found amongst themselves,

182

HISTORICAL RECOEDS OF NEW SOUTH WALES.

Paid like

troops.

and having at the same time said that they could not be re-
22 Aug. tained at such work unless they were to be paid in the customary
manner of paying all troojis employed on extra works for the
public service, and more especially so as they knew that the
Artificers, artificers employed from the ships of war and transports were to-
be paid for work done on shore.

Your Excellency having done me the honor of agreeing with
me that it would be necessary to employ them, and that if it was
customary, there could be no doubt but that the men so employed
would be paid, I, in consequence, gave out an order on the 17th
of May that such artificers as belonged to the detachment, and
employed in erecting barracks or other public works, should in
future be paid in the .same manner that troops usually have been.

I do myself the honor of inclosing for your Excellency's inspec-
tion a list of such artificers as have been employed from the date
of the above order to the 17th of August, 1788.

I have, etc.,

R. Ross, Major.

GovERXOR Phillip to Lord Sydxey.

Sydney Cove, Port Jackson,
My Lord, 1st September, 1788.

I had the honor of informing your Lordship of the situa-
tion of this colony, by the agent for the transports, Lieutenant
Shortland, who sailed the 13th of July, in the Alexander, with the
Despatches. Friendship and Prince of Wales, transports, and the Borrowdale,
store-ship ; duplicates of my letters to your Lordship being sent
at the same time by Lieutenant William Collins, whose bad state
of health obliged him to return to Europe ; and triplicates by the
master of the Borrowdale.

These ships went to the northward, intending to follow Captain
Carteret's track between New Britain and New Ireland ; and as it
is not now impossible but that the ships by which I have now the
honor of writing to your Lordship may be the first that arrive, I
shall recapitulate the heads of my former letters.
[Here follow extracts from letters already given.]

T have, &c.,

A. Phillip.

1 Sept.

Capt.

Carteret's

track.

28 Sept.

The Sirius
sent to the
Cape for
com.

Governor Phillip to Under Secretary Nepean.

Sydney Cove, Port Jackson,
My Dear Sir, September 28th, 1788.

I have ordered the Sirius to the Cape, for the reasons
assigned in my letter to Lord Sydney ;* all the seed wheat and
most of the other seeds brought from England having been
spoiled, as well as what wheat was put on board the Supply at
the Cape ; several acres sown with this wheat have been sown a

* Post, p. 188.

WANTS OF THE SETTLEMENT. 183

second time, with the seeds preserved for next year, in case of 1783
any accident happening to what we have in the ground, and i Sept.
which has left us witliout a Imshel of seed in the settlement.
Having only a year's flour in store, Captain Hunter has orders to
purchase as much as the ship can stow, and I appi^ehend he will
be able to bring six months' for the settlement ; as likewise what
seed wheat, &c., we may want. The Sirius and Supply being
victualled from the stores lessens our provisions ; and you will, I
believe, see the necessity of having always two years' provisions Two years'
beforehand ; a store-ship may be lost a long time before it is known pro°^?^s°ons
here or in England.

Xo kind of necessarys for the sick after landing was sent out. Hospital
I enclose the surgeon's letter,* and what he has demanded for "^^
six months I have ordered to be purchased, and apprehend
necessarys for the hospital will be sent out by the first ships.
The cloaths for the convicts are in general bad, and thei-e is no Clothing
possibility of mending them for want of thread ; it is the same *" ^ °*^^'
with the shoes, which do not last a month ; these necessary articles,
to the amount of a few pounds, I have likewise ordered to be
purchased. A strong launch to remove provisions will soon be
necessary, as some convicts are going to cultivate land near the A launch
head of the harbour, and to bring timber, for what we now use '"<^fi"ir'-'<^'-
is brought already from a considerable distance, and our roads
after heavy rains are bad.

Bills are given to the carpenters and sawyers of the Sirius and
Supply for the time they have been ashore (certificates were
given to those belonging to the transports). The whole amounts
to £192 17s. 6d. These small bills will give the Treasury some
trouble, but this country has no Treasury. There are now only
ten convict carpenters ; more are absolutely necessary, as well as Carpentei-s
bricklayers, for the building to secure stores will be a heavy work, ^"['kiavcis
and must be undertaken ; at the same time I wish to avoid wanted.
hiring the ships' carpenters in future.

The tools and articles in the inclosed lists will be much wanted
by the time they can be sent out, and I cannot help repeating Tools.
that most of the tools were as bad as ever were sent out for
barter on the coast of Guinea.

Of the thirty pipes of wine ordered for the hospital, only fifteen wine,
were purchased. There being no more port wine in the stores at
Rio de Janeiro, you will be so good as to let orders be given for
the remainder being procured at Teneriffe, if port wine is not
sent from England.

The ration, as settled by the Navy Board, is the same for the Ration too
men convicts as for the garrison, and the giving of only four ''™''
pounds of pork in lieu of seven pounds of beef I think too little.
The additional pound of flour a month is, I suppose, according to
the custom of other garrisons, but this is the business of a Com-

» Ante, p. 142.

184

niSTOEICAL RECORDS OF NEW SOUTH WALES.

1788

2S Sept.

Tlio

d .(iuction to

be ta-keii off.

C'hikheii"s
allowance.

Poor «ood-
ware.

Candles.

Clotliing.

More help.

Paint

Convicts'
sentences.

Korfolk.
Island.

The prood
rewarde<l.

Biissary, and with which I am unacquainted. The eighth was
stopped for some time in favoui* of Government, on account of
the loss in issuing the provisions in small quantities, but being-
desirous, if possible, to do away with every cause of discontent, on
Major Ross informing me that it never was done in any garrison
to his knowledge, the full weight being given, and the loss falling
on Government, I have ordered that deduction to be taken off,
and the garrison and convicts receive their full allowance.

The women have two-thii"ds of what is allowed the men, and
the children one-third. The children's allowance is, I think, too
little, ana I have been obliged in sevei'al instances to order
children half the men's allowance, or two-thirds, as the women
are allowed.

The wooden ware sent out were too small ; they are called
bowls and platters, but are not larger than pint basons. There
was not one that Avoidd hold a quart.

As the candles sent out will not last more than two years, I
wish to know if it is the intention of Government to furnish the
settlement with that article for any longer term.

The requisites for mending the men and women's cloaths and
shoes, as well as some kind of bedding for them, are very neces-
sary, and some kind of covering will be wanted for the children.
This is not an expense that will be necessary to continue aftei' a
number of settlers are in the colony, for then the convicts will
have some resources ; at present they have none.

Amongst our many wants a few proper people to superintend
the convicts has been mentioned, and we are at a great loss for
the necessary jieople to attend the stores and see the provisions
issued. The con-sicts who are proper for this are those who ha^s'e
had some little education, and they are the greatest villains we
have. In fact, there is no choice of persons of any class, and I
am obliged to continue such as we have in places for which they
prove themselves veiy unlit subjects.

The paint I have desired is chiefly for the gun-carriages, boats,
Arc.

The knowing when the time expires for which the convicts
have been transported is very necessary, many of whom will
desire to return ; and there are many that will be a burthen to
Government, and who I should be glad to send away. This I
mentioned more particularly in a former letter.

Copies of the order and instructions given to the Commandant
of Norfolk Island are inclosed,* as likewise what articles are
ordered to be purchased at the Cape.

The good behaviour and industry of two convicts,

and have induced me to request that their families

may be sent to them.f The men are at Norfolk Island, and

* Ante, pp. 136-13S. f The request was complied with. Post, p. 254.

NEAVS TROil NORrOLK ISLAND. 185

which they do not wish to leave after the time for which they 1^88
have been transported expires. The names and places of abode 2S Sept.
of these two families are inclosed.

An account of the artificers belonging to the detachment who Ai-tificers'
have been employed as such is inclosed in my letter to Lord ' "
.Sydney. You wijl, sir, be so good as to inform me what they are
to lie paid a day ; and, as the ships that may come out will bring
many necessarys which these people stand in need of, they hope
that money will be sent out to pay them, as bills would be attended
M'ith great loss and inconvenience.

The carpentei's belonging to the transports had notes given to Carijenters'
them for what they had earned, at the rate of three shillings per °
day.

The master carpenter of his Majesty's ship Sirius and the master
carpenter of the Supply, armed tender, have been paid by bills at
the rate of three shillings per day. The rest, carpentries and sawyers,
have been paid by bills at the rate of two shillings per day.

The master smith, who belongs to the Sirius, has no allowance The master

. . . . smith

for his work, as I have written by the ships that sailed in July '
to request he may be established in the settlement with such an
allowance as may be judged proper.

The Golden Grove is now ready to sail with one midshipman. Detachment
one Serjeant, one corporal, and five privates, twenty men and ten ]sland"^^°''^
women convicts. These will make the number on Norfolk Island
sixty, and I send eighteen months' provisions. The Fishburn will
be ready to sail by the time the (iolden Grove returns, and both
ships shall sail immediately for England. I have, «ic..

A. Phillip.

Governor Phillip to Lord Sydney.

Sydney Cove, Port Jackson,
My Lord, 28th September, 1788.

Extracts from my letters by the ships which sailed in July
accompany this letter, and I have now the honor of informing
your Lordship that the Supply sailed for Norfolk Island the 17th Noi-foik
of July, and returning the 2Gth of August, brought me the
following particulars from the Commandant of that island.* He
says that immediately after being landed they proceeded to clear
ground suflicient for building huts for themselves and a store-house,
the whole island not affording a single acre free from timber.
They were landed on the south-west end of the island, a rough
sketch of which I received from that officer, and have the honor
of enclosing your Lordship. The bay in which they laiuletl is
sheltered by a reef of coral rock, through which there is a jiassage
for a Ijoat, Ijut which, with the tide of flood when the Avind is
westerly, makes the landing dangerous ; and a midshipman who
was ordered to lay within the reef, in order to attend the boat.s

* Despatches were sent from Norfolk Island on the 11th August.

186

HISTORICAL EECOEDS Or NEW SOUTH WALES.

Rich land.

A fine
stream.

Exploration
difficult.

1788 coming on shore, imprudently letting the boat drive into the surf,
28 Sept. was lost with four men. This was the second time the boat had

Landiiio- been overset with that midshipman in her, and the first time one

daji^erous. man was lost.

The want of a good landing-place, and security for vessels in
the winter, is the only thing to be wished for, the island being in
every other respect one of the finest in the world. The earth is
very rich^mould to the depth of five and six feet whei-ever they
have dug so deep, and all the grain and garden seeds which have
been put into the ground growing in the most luxuriant manner.
This island, from the great quantity of pumice-stone found there,
must formerly have been a volcano, the mouth of which, it is
probable, will be found on the top of a small mountain near the
middle of the island, which he has named Mount Pitt, f The island
is exceedingly well watered, a strong stream, which rises at or
near Mount Pitt, running through a very fine valley — sufiiciently
strong to turn a mill, though divided into several branches ; and
very fine springs of water are found in different parts of the island.
There are several small bays, and there are some hopes of finding
a better landing-place, but the necessity of employing everyone in
sheltering themselves and stores from the weather, the small
number of people, only seventeen men and six women, and the
whole island being covered with wood, which a sort of supple-jack,
interwoven with the trees, renders almost impassable, have hitherto
prevented its being examined. With this small number, Mr. King

Cultivation, has cleared sulficient ground to have vegetables of every kind in
the greatest abundance ; three acres in barley, part of which had
been first sown with wheat, but none of which came up, the grain
being injui'ed by the weevil, and gi'ound was ready to receive rice
and Indian corn, when the Supply was there. All his people were
in good houses, and he says that he has no doubt but that within
three years they shall be in such a situation as to support them-
selves, with the assistance of a small proportion of salt provisions,
and that they will not stand in need of that after the fourth year.
They have fish in great abundance, some turtle in the season, great-
number of pigeons, and have found the plantain growing wild.
The flax-plant (some roots of which I shall send by the Sirius to
the Cape, to be forwarded to England) is found very luxuriant
all over the island, growing to the height of eight feet ; unfortu-
nately, the person I sent, who calls himself a flax-dresser, cannot
prepare it, as this plant requires a different treatment in the
dressing to what the Eui'opean flax-plant does. Your Lordship,
I presume, will order proper persons to be sent out, by which
means that island will, in a very short time, be able to furnish a
considerable quantity of flax. The pine-trees, in the opinion of
the carpenter of the Supply, who is a good judge, are superior to
any he has ever seen ; and the island affords excellent timber for

t In honor of the Ptiir.e Minister, t Le Bif^ht IIoi culh Willii ni r!tt.

The people
well housed.

Fish, turtle,

pig'eons,

flax.

Flax-
dressers
wanted.

NORFOLK ISLAND AND ITS EESOUECES. 187

ship-builcHn£;, as well as for masts and yards*, M-ith which I make 17£8
no doubt but his Majesty's ships in the East Indies may be 28Sept
supplied, as likewise with pitch and tar, the only difficulty being piue~tiniber.
the want of a good landing-place, and I have not the least doubt
but that one will be found in some of the small bays, or if not,
Mr. King proposes blowing up two or three of the small rocks
which make the x-eef dangerous, but if distippointed in both, there
Avill be no danger in the summer-time ; and I am assured by the
master of the Supply it Avill be safer for a ship to load with masts
and spars at Norfolk Island than it is in Riga Bay, where so
many ships load yearly.

The Supply has been twice to the island, but in this season we
haA'e blowing weather, and that has prevented our receiving any
spars. The Golden Grove will sail the beginning of October, with Another
one petty officer, a serjeant, corporal, and six marines, twenty men for Norfolk
and ten women convicts, and eighteen months' provisions for the i^iaud.
island ; and by that ship I expect spars, some of which shall be
sent to the Commissioners of His Majesty's Navy, that they may
be properly examined, as I believe the wood is nearly as light as
the best Norway masts, and grows to a most extraordinary size. Great pine-
some of the trees measuring from one hundred and sixty to one ''"'^'^^'
hundred and eighty feet, and rise eighty feet without a branch ;
the turpentine from them is veiy white, and in the opinion of
those who have seen it is of the purest kind. The fern-tree is
likewise found of a good height, measuring from seventy to eighty
feet, and affords good food for the hogs, sheep, and goats, all which Thriving
thrive ; and I shall send them what live stock we now have ^'^'^ ^'°° '
remaining of what was purchased on account of Government. No
<]uadrupeds have been seen except rats, which at present overrun Rats.
the island, but which the cats and terrior dogs intended to be sent
will, I hope, soon destroy ; until that is done, their crops must suffer
very considerably. There are, likewise, great plenty of cabbage-
trees, but not a single Ijlade of grass has been seen on the island, No grass.
the pigeons, sheep, and goats eating the leaves of the shrubs and
of particular trees, with which they grow very fat. Two canoes
were found on the rocks, probaVjly driven from New Zealand.

They had not had such heavy storms of thunder as we have
experienced, and the people have been very healthy. I think
this island will answer the most sanguine expectations, and am
satisfied that the officer who commands there will, in a very few ^.^^^
years, not only put that island in a situation to support itself, but inospects.
to assist this colony.

As soon as the rains permitted the getting the provisions on
shoi-e from the two I'emaining store-ships, they were cleared,
except of the spirits, which are on board of one of them, and

• other experts were of a different opinion. Post, p. 400. The timber, when tried, was
fouiid to be unfit for masts or j ards. See Hint's Description of Norfollt Island, post, p. 420.

188

HISTORICAL RECORDS OF NEW SOUTH WALES.

1788

28 Sept.

Failure of
seed.

A second
sowinj'.

Bad

stowage.

Food

ninniri!^

short.

Grain from
the Cape.

Hospital
necessaries.

Wine.

Cellar for
spirits.

which will be landed the end of this month. It was my intention
to send the two store-ships away together, and expected they
would be ready to sail the first week in October, and the Sirius
was ordered to be i-eady to sail about the .same time to the north-
ward, in order to procure live stock ; but it was now found that
very little of the English wheat had vegetated, and a very con-
siderable quantity of barley and many seeds had I'otted in the
ground, having been heated in the passage, and some much injured
by the weevil. All the barley and wheat, likewise, which had
been put on board the Sup2:)ly at the Cape were destroyed l)y the
weevil. The ground was, therefore, necessarily sown a second
time with the seed which I had saved for the next year, in case
the crops in the ground met with any accident. The wheat sent
to Norfolk Island had likewise failed, and there did not remain
seed to sow one acre. I could not be certain that the ships which
are expected would bring any quantity of grain, or, if put on board
them, that they would preserve it good hy a proper attention to
the stowage, to the want of which I impute our present loss.

The colony not being in a state to support any considerable
quantity of live stock, many being under the necessity at j^re.sent
of frequently killing a part of what they have for want of food
to support them, I should be obliged to kill what the Sirius
might procure, and which could not be expected to exceed ten or
fourteen days' provision for the settlement ; and we now have not
more than a year's bi-ead in store, having been obliged to furnish
the Sirius and the Supply with provisions. On these con-
siderations, but more immediately from the fear of not having
grain to put into the ground next year, when we shall liave a
more considerable quantity of ground to sow, I have thought it
necessary to order the Sirius to go to the Cape of Good Hope
in order to procure grain, and at the same time what quantity
of iiour and provisions she can receive. Captn. Hunter is like-
wise ordered to purchase what necessarys the surgeon of the
hospital demands for six months, no necessarys of any kind,
according to his letter, which is inclosed, having been sent out.
Fifteen pipes of wine were purchased at Rio de Janeiro, which
were all that could be procured ; and I presume, as thirty pipes
were ordered, the remainder will be sent out by any ship that
may stop at Teneriffe. I have only ordered a sufficient quantity
of necessarys to be purchased for that time, as a demand has
been made in my first letter to your Lordship. The cellar for
receiving the spirits will be finished, and the Fishburn store-ship
cleared and ready to sail by the time the Golden Gi'ove returns
from Norfolk Island, when both ships shall be immediately ordered
to England.

I send the store-ship to Norfolk Island, as I think the Supply
may be necessaiy in the harbour while the Sirius is absent.

rilOGRESS AT SYDNEY COVE. 189

Your Lordship will see by the returns the state of the garrison 1788
aiul the provisions remaining in store. What the Sirius will as Sept.
bring will be mostly flour, and that she may take on board as Ljj^hT^ng
large a (juantity as possible I have ordered some of her guns to theSirius.°
be landed.

I presume that your Lordship will see the necessity of this
colony having always a certain quantity of provisions in store.

As soon as the 8irius sails I intend going up the harbour Fresh
to the ground pointed out in my former letters as more easily ground.
cultivated than the land round us,* with a small detachment,
consisting of two lieutenants, one captain, twenty-five non-
commissioned and privates, and forty or fifty convicts, who will
be employed in cultivating the ground. I purpose remaining
with this party until they are settled, and have no doubt when
settlers ct)me out, and proper people to superintend the convicts
that will be employed for the Crown, but that two or three years
will give this country a very different aspect ; and in the mean-
time the clearing the ground near the settlement shall not be
neglected.

The hutting the detachment has been going on under the direc- officei-s'
tion of the IMajor-Commandant. The officers have all separate '^o^es.
houses, and except one or two are now under cover. The barracks
are still in hand. There being some carpenters and sawyers in the
different companies, 1 ordered them to be employed as such ; and it
being customary to pay the soldiers when so employed, and Major
Iloss thinking that they could not otherwise be set to work as
artificers, I have inclosed his report of such as have been employed
for your Lordship's approbation. I have likewise the honour of
inclosing your Lcjrdship his returns of such officers as wish to be Relief,
relieved at the expiration of the three years for which they were
sent outf, and of those who are desirous of remaining, as likewise
copies of his letter and my answer respecting the encouragement
offered by Government to settlers.

The barracks, officers' houses, hospital, store-houses for the use
of the detachment and for the public stores, ai^e buildings that Buildings,
will stand fiir some years, as they will hereafter be walled up
with brick or stone, if limestone can be found in the country, or
if sent out as ballast in the transports.

The dfitachment is now inclosing ground for their gardens, and KieWs and
we have al>out six acres of wheat, eight of barley, and six acres '^'^'^
of (jther grain, all which, as well as such garden seeds as were
not spoiled, promise well ; and though the soil is in general a
light sandy soil, it is, I belie\e, as good as what is commoidy
found near the sea-coast in other 2)arts of the world. The great
inconvenience we find is from the rocks and the labour of clearing
away the woods which suiTound us, and which are mostly gum-
trees of a very large size, and which arc only useful as firewood,

• Ro6c Ilill, named after Mr. G. Rose, Under Seeretarj-, The Treasury. f Ante, p. 165.

190

HISTORICAL HECOEDS OF :NEW SOUTH WALES.

1783
28 Sept.
Fish.

Hea^•y rain.

Fine

climate.

Tlie woman
question.

Want of
lime.

Mineral
wealth.

Lead, iron,
and copper.

Clay for
china.

though I think that when we can cut them down in the winter and
give them time to season they may be made useful in building.

The fish begin to return with the warm weather, but I fear we
shall never be able to save any part of the provisions by the
quantity that will be taken.

The rainy season is, I hope, nearly over, and though we have
had very heavy rains they have not been more frequent than was
expected, and were chiefly confined to a few days near the full
and change of the moon.

The climate is equal to the finest in Europe, and we very
seldom have any fogs. All the plants and fruit-trees brought
from the Brazil and the Cape that did not die in the passage
thrive exceeding well ; and we do not want vegetables, good in
their kind, which are natural to the country.

With respect to the sending to the Islands for women, your
Lordship will, I believe, think that in the present situation of
this colony it would be only bringing them to pine away a few
years in misery ; and I am very sorry to say that those we have
are most of them very abandoned wretches. Still, more women
will be necessary when more convicts are sent out.

Stone houses that will not be in danger from fire will, if pos-
sible, be erected in the course of the summer, as likewise a place
of worship ; and if ships coming out bring limestone as ballast
these very necessary works will go on fast. At present we are
obliged to lay the bricks and stones in clay, and of course to
make the walls of an extraordinary thickness, and even then they
are not to be depended on.

This country is supposed to have mines of iron and tin or silver
by those who have been used to work in mines ; but I give no
encouragement to search after what, if found in our present situa-
tion, would be the greatest evil that could befal the settlement.

A convict, used to work in the Staffordshire lead mines, says
the ground we are now clearing contains a large quantity of that
metal ; and copper is supposed to be under some rocks which
have been blown in sinking a cellar for the spirits. I have no
doubt but that the earth contains iron and other metals, and that
mines may hereafter be worked to great advantage. The red
used by the painters, and which they call Spanish brown, is
found in great abundance ; and the white clay with which the
natives paint themselves is still in greater plenty ; and which
the Abbe that came out with Monsieur Perouse as a naturalist
told me, if cleared of the sand (which may be done with little
trouble), would make good china. Specimens were sent to Sir
Joseph Banks,* and a stone taken out of a slate quarry that I
thought contained some metal.

* Mr. Josiah Wedf^fwood, to whom a sample of the clay was submitted, declared it to be
"an excellent material for pottery." He made from it a medallion, which is now in the
possession of R. Tangye, Esq., of Birmingham.

INTEnCOL'RSE WITH THE NATIVES. 191

Your Lord>;liip will, I hope, judge it expedient to send out 1788
settlei-s, to whom a certain number of convicts may be given ; 2S Sept.
they, my Lord, will be interested in cultivating the lands, and Another
when a few carpenters and bricklayers are sent out who will act request
as overseers, and have some little interest in the labour of the
convicts who are under their care, a great deal of labour will be
done by them who are employed on the public works. I have in
a former letter mentioned that a couple of decked vessels of 30
or -10 tons burthen, if sent out in frames, and two or three good
shipwrights, wovdd be of great service.

The natives, though very friendly whenever they are met by Attacks by
two or three people who are armed, still continue to attack any
of the convicts when they meet them in the woods, and two or
three have been lately wounded by them. I have been with a
small party to examine the land between the harbour and
Broken Bay ; we went as far as Pittwater, and saw several of
the natives, but none came near us. There are several hundred
acres of land free from timber, and very proper for cultivation, •

when a small settlement can be made on the coast. On our
return to the boats near the mouth of the harbour, we found
about sixty of the natives, men, women, and children, with whom
we stayed souie hours ; they were friendly, but, as I have ever Friendly
found them, since they find we intend to remain, they appeared '"te>"cou«^e-
l^est pleased when we were leaving them, though I gave them
many useful articles ; and it is not possible to say whether it
was from fear or contempt that they do not come amongst us.
I have already had the honor of informing your Lordship of the strange
little we know of these people. Most of the women, and all the <>"'^t'^"i^-
female children I saw had lost two joints from the little finger -of
the left hand, and two women were scarred on the shoulders like
the men, the first I had seen. The women, when we first came
on the beach, were in their canoes fishing, which is their constant
employment, the men chiefly employing themselves in making
canoes, spears, fizgigs, &c.

The day before we returned, the boat that was waiting for us, A comi)at.
near the liai-bour's mouth, saw about two hundi'ed men, who
assembled in two parties, and who, after some time, drew up
opposite to each other, and from each party men advanced singly
and threw their spears, guarding themselves at the same time
with their shields. I suppose this to have been no more than an
exercise, for the women belonging to both parties remained
together on the beach ; though towards the end of the combat
they are said to have run up and down, uttering violent shrieks.
As it had Vieen supposed that many of the natives had left
this part of the coast on account of the great scarcity of fish, the
different parts of the harbour were examined in one day, and the Q„„nji„„
canoes counted ; not more than sixty-seven canoes and one hun- the natives.

192

HISTORICAL RECORDS OF XEW SOUTH WALES.

1788

23 Sept.

Native food.

Conciliation.

Tiie native s
not migra-
tory.

Kan?aa'oos.

Live stock
disasters.

Pigs do well.

died and thirty-three people were seen ; but it was the season iu
which they make their new canoes, and large parties were known
to be in the woods for that purpose. I went a few days after to
examine the coast between this harbour and Botany Bay, in which
journey few of the natives were seen ; but a young whale being-
driven on the coast, all we met had large pieces, which appeared
to have been lain on the fire until the outside was scorched, in
which state they eat it. These j^eople last summer would neither
eat shax'k nor stingray ; but the scarcity of fish in the winter, I
believe, obliges them to eat anything that affords the smallest
nourishment. They have two kinds of root which they chew
after roasting ; one is the fern-root ; they eat together, that is, in
families, and seldom broil their fish (the only way they ever dress
it) for more than a few minutes. I am sorry to have been so
long without knowing more of these people, but I am unwilling to
use any force, and hope this summer to persuade a family to live
with us, unless they attempt to burn our crops, of which I am
apprehensive, for they certainly are not pleased with our remain-
ing amongst them, as they see we deprive them of fish, which
is almost their only support ; but if they set fire to the corn,
necessity will oblige me to drive them to a greater distance, though
I can assure your Lordship that I shall never do it but with the
greatest reluctance, and from absolute necessity.

As there are paths which are much frequented between this
harbour and Broken Bay, I apprehend they frequently change
their situation ; but have no reason to suppose they go to the
northward in the winter, and return in the summer.

The kangaroo is the only animal of any size that we have yet
seen, and they are frequently killed ; they ai-e of two sorts, one
seldom weighing more than sixty pounds ; these live chiefly on
the high grounds ; the hair is of a reddish cast, and the head
shorter than the large sort, some of which have been killed that
weighed one hundred and fifty pounds ; both are of the opossum
kind, and the young ones, several of which have been taken,
grow veiy tame in a few days, but none have ever lived more
than two or three weeks.

I have now given up all hopes of recovering the two bulls and
four cows that were lost, and one sheep only remains of upwards
of seventy which I had purchased at the Cape on my own
account and on Government's account. It is the rank grass
under the trees which has destroyed them, for those who have
only had one or two sheep which have fed about their tents ha^e
preserved them.

Hogs and poultry thrive and increase fast. Black cattle \\ill
thrive full as well, and as we shall be able in future to guard
against their straying, your Lordship will please to determine
whether it Avould not be necessary to order any ship that was

MOllTALITY BILL. 193

0(imiiig to the settlement with provisions to purchase at the Cape ^788
us many cows as could be conveniently received on })oard, with a 28 Sept.
couple of young bulls. But the ship for that purpose should be cattiefrom
able to stow them between decks; and I beg leave to observe that the Cape,
a forty or tifty gun ship that brought out provisions and stores,
leaving her guns out, would answer the purpose better than any
transpi )rt, and at once stock this settlement. Savu is at too great a
distance for the Sirius to be employed on that service to any extent.
Your Lordship will, I hope, excuse so long a detail of matters
trifling in themselves, and which I should not have dwelt on but
that I wished the situation of the colony to be known as fully
as possible. I have, etc.,

A. Phillip.

Return of men, women, and children belonging to the settlement Mortaiiiy
that have died since the 13th of May, 1787.* ^''"•

Died on the passage.

Marines ... ... .. ... ... ... 1

Do. wives ... ... ... ... ... ... 1

Do. children ... ... ... ... ... 1

Convicts — Men .. ... ... ... ... ... 36

Do. women ... ... ... ... ... 4

Do. children . . ... ... . . ... 5

Total number dead on the passage ... 48
Died since Lvnding.

Marines ... ... ... ... ... ... 3

Do. wives ... ... ... ... ... ... 0

Do. children ... ... ... ... 2

Convicts — Men (including 3 killed by the natives) 26

Do. women ... ... ... ... ... 12

Do. children ... ... ... 9

Total number dead since landing ... 52

Total number dead since leaving England 100
Eleven men and one woman missing. Four executed.

David Collixs, Secretary.

Governor Phillip to Secretary Stephens.

Sydney Cove, Port Jackson,

Si)-, September 28th, 1788.

Lieutenant Shortland, who sailed fr-om hence the 13th of

•luly, in the Alexander, with the Friendship, Prince of Wales,

and Borrowdale, ti-ansports, was charged with my dispatches foi-

the Right Honouraljle the Lords Commissioners of the Admiralty.

Tho.se shij>s went to the northward, intending to follow Captain Carteret's
Carteret's track between New Britain and New Ireland. "'^*^''"

You will please to inform their Lordships that as soon after
the .sailing of those ships as the weather permitted the two
remaining store-ships were cleared of the provisions; and the

0 ' Apparently up to September 28th, 1788.

194

HISTOEICAL HECOUDS OP NEW SOUTH WALES.

• 1788

28 Sept.

Norfolk
Island.

Small

vessels

required.

lOcl.

Letters
home.

Sundry
requests

Golden Grove was immediately hove down and ordered to prepare
for sea, the Fishburn being obliged to remain with the spirits on
board untill a place of security was prepared. Lieutenant Ball
sailed the 20th of July with provisions for Norfolk Island, and
returned the 26th of August, having met with very strong gales
in his passage, and very indifferent weather while he was off the
island. From Lieutenant Philip Gidley King, the Commandant
I received the following particulars.*

The having a settlement on Norfolk Island, and the extent of
this harl^our, as well as the great necessity there will be of pro-
curing that kind of wood which is proper for building, and which
is not to be got even at present but with the labour of a great
number of convicts, will render two vessels of thirty or forty tons
of infinite service to this settlement. I presume they might be
sent out in frame, but it will be necessary to send a few ship-
wrights to put them together, and who, as well as a mast-maker,
and one that understands the manner of tapping the pine-trees,
will be of great service.

I inclose the state and condition of his Majesty's ship Sirius,
and Supply, armed tender, the returns of the detachment of
marines, and the returns made by the surgeon of the hospital.

The Sirius is now I'eady to sail for the Cape, and the Golden
Grove for Norfolk Island.

The sketch of Howe Island made by Lieutenant Ball is
inclosed. I have, &c.,

A. Phillip.

Major Ross to Skcretary Stephens.

Camp, Sydney Cove, New S. Wales,

Sir, 1st October, 1788.

Governor Phillip having determin'd to order the Sirius
to the Cape of Good Hope, this letter will be convey'd so far by
Captain Hunter, who is to sail in the course of the week.

By the transports which sail'd for England in July I did
myself the honor of transmitting to you, for their Lordships'
information, two sets of letters — one set by Lieut Shortland,
agent for transports, and the other by Lieut. Maxwell, of the
marines, who, with Second Lieut. Collins, had been ordered home
for the recovery of health.

With my letters I transmitted effective lists, made up to the
first of July, a general return of the detachment, a list of such
necessaries as I judged we should be in absolute want of for the
use of the detachment at large, as well as such articles as the
surgeon repoi'ted to me to be indispensibly wanted for our sick
in quarters, as well as hospital. I likewise took the liberty of

* The information given in the despatch to Lord Sydney, September 28th, 1788, is
repeated. Ante, pp 1S6-187

DIFFICULTIES WITK MARINE OFFICERS. 195

expressing to their Lordships a wish that they would please to 1783
authorize the person who furnishes the corps with slops to send i Oct.
some articles of clothino; for the wives and children of the soldiers, ciothin^ for
which, when issued, can be charg'd against the husbands' or women and
fathers' pay. I also mentioned my having taken the lil)erty of
gratifying the earnest request of the detacliment in purchasing
some tobacco from the master of one of the transports for their Tobacco,
use, and my having drawn bills upon their Lordships for its value.
This tobacco is in charge of the quarter-master, and is charg'd
against the men's pay as it is issued out by hLin.

By the same conveyance I found myself under the necessity of
laying before their Lordships a copy of a court-martial held here Coun-
the 18th April [March]* with copys of several papers relative to '"^'^^^l-
the said court-martial, with an observation of its then appearing to
me, as it still does, that the proceedings of that court-martial tended
to endeavour to wrest an essential power out of the hands of the
commanding officer, and if suffered to pass unnoticed might tend
much to the prejudice of the service, by leading astray the minds
and judgments of inexperienced officers who might otherwise be
well dispos'd.

It is with much regret that I now inform their Lordships of Neglect of
my finding my fears in some measure verified, in a shameful inat- '^'*'^®''^-
tention of all the capta'ns (Captn. Campbell excepted) to the
errecting the barracks for their companies ; in place of which
their attention seems to have been chiefly employ'd in the errecting
houses and outhouses for themselves, their servants, and stock,
otherwise I am convinced the whole of our men w^ould long ere
now have been comfortable in their barracks. As a proof of this
inattention, I have only to observe that tho' the barracks for
Captain Campbell's company is equally large with the others, and Captain
has been entirely constructed by such men only as he could find exceptoi.^"
in his own company, I am convinced that had I not found myself
oljlig'd to deprive him, and him only, of the use of the whole of
his working men for some time, for the purpose of expediting a
store-house for the reception of the clothing and stores of the
detachment from the Sirius, prior to her going to sea, all his
company would have been comfortably settled in their barracks
long ere now. And yet, even as it is, they will be in in the
course of the next week. I wish I could say when the others
will be finish'd, tho' I am not out of hope but that the plan now
pursued two or three months more will nearly, if not entirely,
get them out of hand.

The backwardness of the other barracks induced me to ask Capt. Shea
Captain Shea some questions respecting his, when, in place of ^round."^
such answer as I thought I had a right to expect from him, he
told me he did not conceive it to be any part of his duty to
superintend the errecting a barrack ff^r his company. I then

• See despatch and enclosure >. Ante, pp. 156-164.

196

HISTORICAL RECORDS OF NEW SOUTH WALES.

1788

1 Oct.

Refuses to
superintend
building- of
barracks.

Captain

Shea

retreats.

20 August.

A ffeneral

order

given.

31 August.

Further
orders.

told him that as he had at first undertaken it, I judged ho sh(juld
go on with it, but if he thought it was not any part of his duty
he should manfully say he would or he would not do it, to which
he replied, in the presence of Captain Campbell, that he would
not. On receiving this answer, I found myself oblig'd to infornt
the Governor of it, who seem'd astonish'd at the idea that any
officer should not suppose it a part of their duty to attend to the
errecting barracks for their own men. I then observ'd to H.
Excellency that Captain Shea's answer might have proceeded

from passion, and the vexation of

seeing

the barrack for his

company so much neglected, and that I hoped and believed he
would before morning see his error, to which the Governor was
pleas'd to I'eply he hoped it Avould be so, and that he would
himself be over in the morning and talk to him, which he did,
when, to his ab well as to iny very great surprize, Captain Shea
told him twice, in the presence of Captain Collins, Lieut. G.
Johnston, and Adjutant Long, that he did not conceive it to be
any part of his duty, but that he would do whatever he was
order'd. Leaving Captain Shea's answer to be determ'd by his
Excellency, in whatever way he might think proper, I requested
that he Avould (if he thought it a part of the duty of officers)
please to give out such an oi'der as would enable me to oblige the
officer to attend to the errecting the barracks. In consequence,
his Excellency was pleas'd to give out the following genei-al order : —

" General Oi'der.

Head-quarters, August 29th, 1788.
Parole, Garth ; C. Sign, Wiltshire.

The major-commandant of the detachment having represented
that he cannot make the necessary inquiry into the manner in
which the barracks erecting for the detachment is carrying on,
from some of the officers not conceiving it to be any part of theii-
duty to direct the forwai-ding of that work, — and requesting that
such orders may be given as may enable him to oblige them to
attend that service, — the Governor is very sorry to be under the
necessity of giving an order for any officer's attendance to which
is undoubtedly a part of his duty, and particularly so in the
present situation of the colony. The officers by every means in
their power are to forward the erecting the barracks belonging
to their respective companies, and make such report to their com-
mandant as he may from time to time think necessary to demand."

And I soon after gave out in the publick orders for the detach-
ment an order, of which the following is a coj^y : —

'' Battalion Order.

31 August, 1788.
In consequence of the general orders of the 29th inst., it is
the commanding officer's orders that the captains do, or cause

DIFFICULTIES WITH MARINE OFFICERS. 197

iin officer of their company to, superintend the artificers and 1783

othei-s employ'd in errecting the public Ijarracks for their respec- ^j^.^

tive companies, by preventing such artificers, &c., from absenting — —

themselves during the woi'king-hours. Mr. Brewer, who is barracks.

appointed to direct the cari)enters and surveyors in the works to

be performed by them, will give the captains and officers such

information as they may think necessary for forwarding that work."

Xotwithstandinij the above orders, finding the same degree of Special

.,, '^ ., T • 1 1 1 /• I- j^i /-( insti-uctions.

inattention still prevail, 1, with the approbation or the Governor,

and the advice of Mr. Brewer, the architect granted by the

(lovernor for directing the artificers and sawyers employ'd on and

for the barracks, ordered that the whole of the artificers and

sawyers employ'd on the three left-hand barracks should be set to

work on only one at a time, and to begin with Captain Shea's.

On the 11th September, to my great surprize and vexation, Conflictins
Mr. Brewer came to me with a complaint, saying that two marine orders.
sawyers employ'd, and paid by the publick, would not suffer him
to bring away the rafters which I had order'd him to get from
their pit, they saying they had Captain Tench's positive orders
not to suffer anything to be taken from that pit without his
orders and permission.

On my sending the adjutant to Captain Tench to know the
reason of it, he denied his having given any such order.s. This
iinswer, for the sake of discij^line, made me judge it necessary to
liave the sawyers tried Iw a court-martial for disobedience of Anoilier
orders, etc., which court-martial, as thinking it a very extra- ^°artiai.
ordinary one, I take the liberty of enclosing a copy of,* by which
their Lordships will not only see the absurdity of the President
iind members, l)ut likewise see that Cajijtain Tench makes a con- captain
.spicuous figure in the proceedings, for, by his own evidence, he ac- ^o,"^'jJ(^^_
knowledges giving the order the men mention prior to my order
of olst August, and his having neglected to recall that order on
my giving the other, or (as is the invariable rule and custom of
the service, and for the observance of which every officer com-
manding a company is answerable) taking care that all orders
issued by a commanding officer shall be made known to the whole
of his company, and more especially explaining to those whom
such order may immediately concern. As he has not thought it
necessary to make any excuse or apology for this neglect, I can-
not but be of opinion that it clearly proves a determin'd resolution obstruction.
in him to retaid and perplex, as far as in his power, the carrying
on the service in the manner good officers would wish for.

Should this conduct apjjcai- to their Lordships in the same
light that it does to me, I hope they will not wonder at my
entreating (notAvithstanding his own wish of remaining three
years longer in this country) that their Lordships will please to J^^^^^'^
order him to be recall'd. ^ly reason for pressing this is, there requested.

* Post, pp. 199-201.

198

HISTORICAL RECORDS OF NEW SOUTH WALES.

1788

lOct.

Why Tench
is not tried
by court-
martial.

Settlement
at Rose Hill.

Captain

Campbell's

zeal.

Prospects of

proposed

settlement.

Military as
settlers.

not being a sufficient number of officers to try Captain Tench,
and the members of the court-martial of the 18th April last, else
that trial would have taken place long before now, and, as I have
some doubt whether he can be tried for any other crime until
his first offence has been ti'ied, I have not, therefore, reported
him to the Governor, or I most assuredly would have had him^
tried on a charge of disobedience of oixlers, neglect of duty, and
contempt to his commanding officer. And that he has been guilty
of those crimes the enclos'd copy of the court-martial will, I have
no doubt, sufficiently prove to their Lordships to be the case.

I have a general order for a detachme't, consisting of one
captain, two subalterns, two Serjeants, two corporals, one drummer,
and twenty privates, to hold themselves in readiness to set out for
the head of the harbour the beginning of next month. This
detachment is to be commanded by Captain Campbell, and is
intended for the protection of some convicts, which the Governor
is going to send with him, for the purpose of clearing and culti-
vating some ground for corn. As this place seems the most
promising spot yet seen in our neighbourhood, so does it appear
to me to be the only hope of raising grain.

Captain Campbell's zeal and attention to the service in general,
and to the settlement in particular, will, I am well convinced, in
this, as on all other occasions, induce him to exert himself, in
doing himself, and causing to be done by others, not only every-
thing he may be commanded or instructed to do, but likewise
everything that can possibly be expected or wished for.

From my having in company with the Governor viewed the part
of the country they are going to, and my knowledge of Captain.
Campbell's attention and perseverance in forwarding everything
that tends to the good of the public, flatters me with the hope that,
under his fostering hand, the scheme may succeed.* But should
the ground, unfortunately, not answer the intended purpose, I
shall give up every hope of finding any place near as fit to
form a settlement upon, much less the purpose of establishing a
colony.

When it was supposed the Sirius was to go to the islands,
and that the transports would sail for Europe, I judg'd it necessary
to ask the officers and men of the detachment which of them
would wish to continue in this country, either as soldiers or settlers,
and which of them would wish to return to England, at, or as
near as conveniently could be, the time mention'd in their Lord-
ships' letter of the 8th October, 1786.t As that return was
intended to be sent by the transports, which not being now to
sail as soon as was expected, I, therefore, do myself the honor
of enclosing it by the present conveyance for their Lordships'

* The settlement (Rose Hill) was a success. Post, p. 306.
t Ante, p. -23.

PROCEEDINGS OF BATTALION COURT-MARTIAL. 199

information.* But should any change of sentiments take place in 1788
the minds of either officers or men before sailing of the transports i Ott.
their Jjordships shall then be made acquainted with it.

With regard to myself, I have only to observe that this country Ross nr t
is by no means a place that I wish to continue in, nor do I think remain!
that any constitution can stand long against the scorbutick
attacks natural to a salt diet, and I see not the most distant
prospect of our being able to get any other. Yet, nevertheless,
should their Lordships thiixk it necessary to continue me in the
command for a year or two longer than their first intention, I
shall be happy in obeying their commands.

The marines' stores having been just landed, and being now
under survey, does not give me an opportunity of letting their
Lordships know the state in which they are found ; but by the
transports, which I understand are to sail in six weeks, I shall
find a return of the whole issued, damag'd, and remaining. I
beg to observe that there is now no clothing in the store, the last no clothing.
being in the hands of the taylors, and when finish'd will be given '"^ ^*°'^^-
to the men, having been due to them for some time. Inclos'd
you will receive a return from the quarter-master of such articles
as had been furnish'd by Mr. Preater, so far as they have been
survey'd. Many of the small articles would have been issued
long ago, could we have got them on shore for that purpose.

You will likewise receive with this the effectire lists for the
two last quarters. I have, &c.,

R. Ross, Major.
[Enclosure.]

Proceedings of a Battalion Court-martial, held by order of Major

Roliert Ross, Port Jackson, September 11th, 1788. " Sept.

Capt. Shea, President.

Members : — First. Lt. Shairp, First Lt. Timins, First Lt.
Davey, Second Lt. Clarke.

William Strong, private, 24th Company, and Richard Knight,
private, 35th Company, brought to tryal by order of the com-
manding f)fficer for disobedience of orders, in preventing the Charge of
perscm authorized from bringing in materials to errect the bar- ent^e.*^
racks f(jr Captn. Shea's coy.

Mr. Brewer prosecutes, and infoi^ms the court that the rafters T'le case
that were sawed by the prisoners being wanted, he had applied to
the commanding officer to have them brought in, when he gave
orders for that purpose, desiring him to go himself and see it
done. He (Mr. Brewer) took four people with him, and went to
the sawpits, and repeated to the prisoners Major Ross's ordeis to
take them away, ordering the people to take up the rafters, upon
which William Strfing, p'te, express'd very civilly his appre-
hensions of Captn. Tench's displeasure should he permit them to

* Pest, p. 201.

200

HISTORICAL EECORDS OF NETV SOUTH WALES.

1783
11 Sepi.

Captain
Tench's
statement.

Acquittal.

go without his orders, and requested that a written order might
be procured of Captn. Tench to let them go. As there were
other rafters at the next pit, they wished he would take them
until sucli order was obtained ; that he took the other rafters, and
did not strenuously persist in taking those he was ordered to do ;
that on his return to camp he acquainted the command'g officer.

Question from the court to Mr. Brewer. — Did the prisoners at
any time prevent your taking away the rafters ? No, they did
not, but only requested me not to take them, for the reasons befoie

given.

The prisoners being put on their defence, call upon Captain
Tench to inform the court what orders he had given them, and
deny preventing Mr. Brewer bringing in the rafters. Captain
Tench informs the court that the sawpit the prisoners worked at
was dug by the company, and all the timber sawed by it brought
in by them, and since the publick orders for the sawpit being
under the direction of Mr. Brewer he never sent any orders to
the sawyers to obey Mr. Brewer or not — that the piece that was
then sawing was put on the pit by his (Capt. Tench's) orders some
time since, and, when sawed up, suppos'd it would be converted
to the use of the battalion. That the prisoners are men of very good
character, and have always done their work to his satisfaction.

Question from the court to the prisoners. — Did you ever receive
any orders to obey Mr. Brewer 1 Answ'r. — No.

The court are of opinion that the prisoners are not guilty of the
crime laid to their charge, not having received any directions to
obey Mr. Brewer's orders, and do therefore acquit them.

Jno. Shea, Capt'n and President.

Eevision of
proceedings.

Further
investiga-
tion.

The court having met agreeable to the commanding officer's
orders, to revise the proceedings of the aliove court-martial, find
it necessary to call upon Capt'n Tench. The court being open,
and the pi'isoners brought before it, —

Question from the court to Capt'n Tench. — Have the prisoners
been acquainted with the battalion orders of the 31st of August,
1788, respecting the carpenters and sawyers being under the
direction of Mr. Brewer. Anstv'r. — I have already answ'd the
question, by saying that I never gave orders that Mr. Brewer
should or should not have the stuff' saw'd up at the pit. Many
months ago I directed the sawyers, on digging the pit, never to
suffer any stuff saw'd up by it to be taken away without my
knowledge or approbation — that I have desired the serjeant and
corp'ls of my comp'y at hrst landing to read all orders to them,
and have frequently since repeated them.

Question from the court to Serft Smith, of Capt'n Tench's Co. —
Was you orderly on the 31st Aug't last 1 Answ'r. — I was. Qiies-
tion. — Did you read the orders of that day to the prisoners

PROCEEDINGS OF BATTALION COURT-MAETLVL.

201

respecting the Scawyers and carpenters being under the direction 1788
of Mr. Brewer/ Ayis'r. — 1 don't recollect I did; they were read ii Sept.
to the conip'y, and I never received any order to carry them to
the men at the sawpit.

The court not being clear of the legality of calling in fresh Fresh evi-
evidence, made application to the Judge- Advocate for his opinion jecteu.
thereon, in ansWr to which he infonns them that the adducing
of fresh testimony, either for or against the pi-isoners, would be a
new tryal.

The court, therefore, takes no notice of the questions ask'd Decision
Serjeant Smith, and that having, with the most mature and strict
deliberations, I'econsidered the whole of the pi'oceedings, find no
cause to alter their original opinion.

Jno. Shea,
Capt'n and President.
[Enclosure.]

List of such Officers, Non-commission'd Olficers, Drummers, and
Privates as are desirous of remaining in the country after the
time their Lordships [Lords of tlie Admiralty] intended to
relieve the detachm't, as express'd in their letter of the 8th
October, 1786. New South Wales, 1st October, 1788 :—

1 Oct.

Names and Qlty.

Desiroiis of reinainin;; in this Country.

Watlsin Tench, Capt. -Lieut.
George Johnston, F. Lieut.

.lohn .Johnstone, do.

James Maitland Shairp, do.

William Dawes, 2nd Lieut.
53 I William Baker, Serjeant
I George Hemming, Pte.

2C ■ Isaac Farr,

do.

X James Manning do.

As a soldier for one tour of 3 yrs. more.

( Having been so short a time in this country, can-
not determine whether he would wish to remain
( or not ; as to settling, can say nothing.

(Do., do. ; as to settling, can say nothing until he
I knows on what terms.

( Ueing so short a time in the countrj', he cannot yet
) judge whether he would wish to remain or not ;
1 a-s to the settling, until he knows the terms and
\ nature of the grant, can't determine.

As a soldier for one tour of 3 yrs. more.

As a soldier.

As a soldier for 3 yrs. more.

As a settler.

As a soldier.

Officers and
marines who
wish to
remain in
the colony.

All the Officers, Non-commissiond Officers, Drummers, and
Private men of the detachm't whose names are not express'd in tlie
above list wLsh to return to England at the time propos'd l)y their
Lord.ships' letter of the 8th October, 1786, or as soon after as their
Lordships may find it convenient.

R. Ross, Major.

202

HISTORICAL RECORDS OF NEW SOUTH WALES.

1788
14 Oct.

Sir,

Judge-Advocate Collixs to Major Ross.

Head-quarters, Sydney Cove, 14th October, 1788.
I have to request you will be pleased to transmit one of
the enclosed papers* to the Right Honuurable the Lords Commis-
sioners of the Admiralty, and lay the other before his Excellency
the Governor. I have, &c.,

David Collixs,
Judge-Advocate.

17 Oct.

Court-
martial on
Q.-M.
Furzer.

Major Ross to Governor Phillip.

Camp, Sydney Cove, New South Wales,
Sir, 17th October, 1788.

Having on the 1st inst. occasion to trouble your Excellency
with a letter i-equesting you would be pleas'd to order a general
court-martial to be assembled for the trial of Quarter-master
James Furzer, for neglect of duty, contempt, and disrespect to his
commanding oilicer, which letter, prior to its being left at your
Excellency's house, I sent by the adjutant to Mr. Furzer, telling
the adjutant at the same time that my motive for doing it was in
consequence of the friendship I had for Mr. Furzer, and that by
his seeing the letter he would have a choice in his power of having
the buisiness inquir'd into by a general court-mai'tial, or if he
judg'd any other method better or safer for himself he would then
Explanation, know what to do ; but as Mr. Furzer declares that had my motive
for sending him that letter been sufficiently explained at the time
he would then have done what he this morning did, and which he
hopes would have had the wish'd for effect in preventing the
unfortunate steps that have since taken place.

1 have the pleasure of assuring your Excellency that Mr. Furzer
has now taken such steps as ai'e becoming him, both as an officer
and a gentleman, and fully satisfies me that the like will not
happen again, and as my disposition has ever been a wish rather
to convince than punish, I therefore hope that from the same
motive your Excellency will be pleas'd to grant my request that
Proceedings my letter to your Excellency, together with your warrant, may be
withdrawn in so effectual a manner as never to appear to the
prejudice of either party. I have, &c.,

R. Ross, Major.

Governor Phillip to Lord Sydney.!

Sydney Cove, Port Jackson,
My Lord, 27th October, 1788.

I am very sorry to be under the very disagreeable necessity
of troubling your Lordship with the following particulars, but the
very unpleasant situation of the detachment doing duty in this

* CoUins's opinion on officers' objections to sit on court-martial. Post, p. 210.
t A similar despatch was sent to the Admiralty.

withdrawn.

27 Oct.

Trouble
with the
military.

COURT OF INQnilY. 203

(;ountry, from the discontents between the Commandant and the 1788

otiicers, will, I presume, satisfy your Lordship of that necessity, 27 Oct

as I am sorry to say it is not in my power to restore that

liarmony which is so very requisite in our situation.

Having received a letter from Major Ross requesting a general ^^un-'^*'

court-martial on an officer* for neglect of duty, contempt, and aiaatiaJ.

disrespect to him, I issued a warrant for assembling a general

court-martial ; but the thirteen senior officers, when assembled,

declared that they could not sit as members of a general court- Officers

. • 1 • rciusG to Sit

martial under that warrant, being, as a part of his Majesty s marine

forces, amenable only to the authority of the Commissioners for
executing the office of Lord High Admiral of Great Britain. The
warrant was issued under the authority of his Majesty's Com-
mission for assembKng general courts-martial, but they declined
sitting under the Act of Parliament made for the Army.

Having assigned their reasons in writing to Major Ross (to Their
whom the warrant was directed), I have the honor to enclose
your Lordship a copy.f

Though the letter from the commanding officer of the detach- •
ment was very sufficient grounds for ordering the court-martial,
if the officer could have been tried on the spot, as it was now
determined that there was no legal authority in this country for
ordering a general court-martial on any part of the marine corps,
and the officer accused declared himself innocent of every part
of the charge, I ordered a court of enquiry to be assembled to Court of
enquire into the particulars of the charge, and to report whether o"jeJ.^ti_
there was, or was not, sufficient ground for a general court-
martial, intending, if the court of enquiry reported that they found
sufficient ground, to order a court of enquiry to examine fully
into the charge and to report their opinion, which was the only
means I had left of doing justice to both parties, as no court-
martial could be held ; for though I knew that courts of enquiry
always preceded courts-martial, yet in the present mstance I was
fully satisfied that the warrant I had issued for holding the
court-martial was totally done away [with] by the officers having
denied the legality of it, as far as it respected themselves, and con-
sequently a coui't of enquiry perfectly regular ; and I had reason
to suppo.se that both parties would have consented to such a
determination, no other being possible, under our present circum-
stances. The court of entjuiry met, and I received the following
answers, signed by the President : — That had the business been Result
referred to them before the application for a court-martial they
might then have proceederl with the consent of both parties, V)ut
that at present they thought themselves precluded from making
any enquiry, and only reported that an application from a com-
manding officer was always deemed a sufficient ground for a
general coui-t-martial (which was never doubted). They had

* Quarter-master Furzcr. Ante, p 202. t Post, pp. 205, 206.

204

HISTORICAL EECORDS OF XEW SOUTH WALES.

1788

27 Oct.

Officers

under

arrest.

The original

charge

withdrawn.

Taken by
surprise

13 Oct.

Officers
cannot
legally sit.

refused to sit as membei's of the court-mai"tial, not deeming tlie
waiTant legal, with respect to themselves, as being marine officers,
and they now refused to make any enquiry because that warrant
had been issued.

To order an officer to return to his duty under the same com-
manding officer A\'hom he was accused of treating with contempt
or disrespect, or to let him remain vmder arrest until he could
be tried in this country, might be attended with very disagreeable
circumstances, for of seventeen officers composing the detachment
five have been put under arrest by their commandant, and are
only returned to duty by my order until a sufficient number of
officers to form a general court-martial can be assembled, as I
ha^■e in a former letter had the honor of informing your Lordship.

I therefore ordered the evidence on both sides to be taken l)y
the Judge- Advocate, and intended to send them home with the
officer, but before that could be done I received a letter from
Major Ross, informing me that the officer had fully satisfied him
respecting the charge, and desiring that he might be permitted
to withdraw his request for a court-martial. I therefore ordered
the officer to return to his duty.

When the warrant was granted for assembling a general court-
martial, I did not know that an Act of Parliament had been
passed for a limited time, by which the marines serving in America
had been tried ; nor did anv officer in the detachment entertain
a doubt of the propriety of their sitting under a warrant issued
Ijy the authority of his Majesty's commission, until the evening
before the court was to assemble, when the doubt arose, on the
Judge- Advocate's reading over the oath.

The present situation of the detachment will be obvious to
your Lordship. I have, &c.,

A. Phillip.

[Enclosure.]

Captaix Campbell to Major Ross.

Sydney Cove, Poi-t Jackson,
Sir, 13th October, 1788.

The officers assembled by your order for the purpose of
holding a general court-martial beg leave to acquaint you that
not conceiving they can legally sit as members of a court-martial
under any other than a warrant from the Admiralty, enclose you
their reasons for that opinion, which they request you will lay
before his Excellency the Governor, and afterwards transmit a
copy of the same to the Right Hon'ble the Lords Commissioners of
the Admiralty.

They further request they may be allowed to accompany you to
his Excellency with the statement of their ojiinion.

I have, &c.,

Jas. Campbell, Captn.

officers' objections to sit. 205

[Enclosure.] 1788

Officers' Objections. ^'^^^^

Tin: (jtticers of marines, assembled by order of their commanding
officer,, for the purpose of holding a general court-martial,
l)eg leave to state the following particulars : —

Tin: Leirislature every vear passes an Act for the regulation of Act of
,.,,., •",•'' 1-1 1 • 1 -j-i • Parliament,

his Majesty s marnie forces while on shore in any ])lace within

the realm of Great Britain, or in any other of his Majesty's
dominions, which Act empowers the Lord High Admiral, or three
or more oi the Commissioners for executing that office, to grant
a commission to any officer of the said forces, not under the
degi-ee of a field officer, for holding general courts-martial at any
place within the intent and meaning of the Act, and to make
articles for the punishment of mutiny and desertion. By this Articles of
Act of Parliament, and by these Articles of War, the marine forces ^'^'''■•
have always been regulated and governed, except during the late
war in America, when the marines serving in that country were
included in the provisions of an Act of the same Legislature,
pass'd in the year 1775, for the purpose of amending and render-
ing more effectual in his Majesty's dominions in America an Act
for punishing mutiny and desertion, and for the better payment
of the Army and their quarters.

At the succeeding sessions the usual Act for the regulation of parliament.
the marine forces while on shore was passed, that is for the
regulation of such part of the coi-ps as were not in America, for
the marines were included in the Act for the punishment of
mutiny and deserti(jn amongst the trf)ops serving in that country;
and at all general courts-martial where marine oiiicers sat in
conjunction with those of the land forces, or appear'd before a
military tribunal, they were guided and directed by the articles
of war for the Ariiiy.

In the oath prescribed by the (Marine) Act of Parliament the
members swear not to divulge the sentence of the court until it
shall have been approved by the Lord High Admiral, or three or
more of the Commissioners for executing that office. Nor does it ^^'^^^^
appear in that Act of Parliament that they can assemble for the martial can
trial of any marine officer or .soldier but by warrant from the 1^"' fvan-a*!u!'
Admiralty. The Judge- Advocate is also directed to transmit the
original proceedings and sentence of eveiy court-martial to the
Secretary of the Adm'lty, as no sentence can be put in execution
until a report shall have been made of the whole proceedings to
the Board. Neither can a commissd marine officer be dismiss'd
the service except by an order from his Majesty, or by the sen-
tence <^f a general court-martial, approved by theii- Lordships.

Hence it plainly appears that this Act of Parliament is meant ^.j^gj^,
for the internal rei'ulation of the marine forces, and that whenever le-jislation

206

HISTORICAL RECORDS OF NEW SOUTH WALES.

1788

13 Oct.

dovernor'a
commission.

Only tlie

Admiralty

caii^rder

general

courts-

tuartial.

The

Governor's
warrant
insufficient.

Obedience
to law.

it is intended they shall be under any other a particular Act of
the Legislature has been deemed necessary.

The situation then of that part of the corps of marines that
is serving in New South Wales, under the Grovernment of bis
Majesty's G-overnor-in-Chief and Captain-General of that territory,
is attended with the following peculiarities : —

A commission has issued from his Majesty empowering the
said Governor-in-Chief to assemble general courts-martial for the
trial of any officer or soldier of the troops under his command, and
to confirm or set aside their sentence.

The usual Act of Parliament for the regulation of the marine
forces while on shore, passed a month or two before the departure
of the detachment from that corps ordered for New South Wales,
without any alterations or new provision being made for their
particular situation. A Judge- Advocate was appointed by the
Admi'lty, who was instructed in their warrant to keep the Act of
Parliament constantly for his rule. No other power than the
Admiralty is authorized to grant a warrant for their holding
general courts-martial, and the members are sworn to the same
oath of secrecy as their brethren at home. The prisoner also is to
wait the approval of the Admiralty before he can know his fate.

Under all these circumstances and considerations, the officers
directed to assemble for the purpose of holding a general court-
martial are humbly of opinion that, being officers of his Majesty's
marine forces, they cannot sit for that purpose under the warrant
of his Excellency the Governor, and beg leave to represent the
unpleasant situation they feel themselves placed in, hoping that
this statement of it may be transmitted to the Right Hon'ble the
Lords Commissioners of the Admiralty, under whose direction
they always consider themselves, and from whom they hope such
remedy will be applied as their Lordships may think expedient.

At the same time they solicit that in this business they may be

understood to be acting only in conformity to an Act of the

British legislature passed expressly for their regulation v/hile on

shore in any part of his Majesty's dominions ; and that they have

not in any shape been wanting in the respect that belongs to the

high authority of his Majesty's commission, or to the officer

invested with it in this country.

Jas. Campbell, Captain.

Jno Shea, do.

Watkx. Texch, Capt.-Lieut.

CrEO. Johnston, 1st Lieut.

Jno. Creswell, do.

RoBT. Kellow, do.

John Poulton, do.

Camp, Sydney Cove, 13th October, 1788.

David Collins, Judge-Advocate.

Jno. Johnstone, 1st Lieut.
Js. M. Shairp, do.

Thos. Davey, do.

Thos. Timins, do.

Ralph Clarke, 2nd Lieut.
Wm. Dawes, 2nd Lieut.

CULTIVATION AND SETTLEMENT. 207

GovERXOR Phillip to Lord Sydney. ^"^^^

Sydney Cove, Port Jackson, 30 Oct.

My Lord, 30th October, 1788.

By his Majesty's ship Sirius I had the honor of informing
your Loi'dship of my reasons for sending that ship to the Cape The Sirius
of Good Hope* ; the loss of all the seed wheat, and the greatest ca"pe!° ^^^
part of the other grains and seeds, brought from England, which
had been heated in the long passage, and very little of which,
when sown, ever vegetated ; all the seed wheat put on board the
Supply at the Cape of Good Hope had likewise been destroyed
by the weevil ; and after sowing the ground a second time with
what seed had been brought from Rio de Janeiro and the Cape
of Good Hope there did not remain sufficient to sow a single acre ;
and the crops in the ground are exposed to various accidents in
our present situation.

The Sirius sailed the 2nd instant, to go round the South Supplies
Cape ; and Captain Hunter has directions to purchase for the use purchased,
of the gari'ison what flour the ship can receive, after having com-
pleated his own provisions ; the quantity will not be very consider-
able (at present we have 18 months' bread in store). Necessarys
for the hospital were likewise ordered to be purchased, none of
any kind being sent out either for the detachment or convicts
after they landed.

Your Lordship will see by my former letters the little progress Cultivation
Ave have been al)le to make in cultivating the lands, and, I presume, ^^°^"
the necessity of a few proper persons being sent out to superintend
the convicts, as well as settlers, who have been used to cultivation ;
for at present this settlement only affords one person that I can
employ in cultivating the lands on the public account. Most of
the officers have cultivated a little ground, but it is merely for
their own conveniency, and none more than a single acre, except
the Lieutenant-Governor, who has about three acres. I have
sixteen at a small farm on the public account.

It must, my Lord, be settlers, with the assistance of the convicts. Request for
that will put this country in a situation for supporting its repeated
inhabitants ; nothing but the uncertainty of the time in which
my letters may reach England, and the possibility of those last
written being the first received, would make me trouble your
Lordship in this letter with a repetition of what I have fully
explained in my former letters — that people who are not convicts
are necessary for the stores, from which provisions or stores are store-
delivering almost hourly, and that we want for superintending the "weepers

•j_i 1 1 1 1 ■ T ,.'^. ,.,°, necessarj'.

convicts such as have been brought up in the line in which they
are to Vje employed.

If the ships that bring out provisions were such as could receive
on board black cattle at the Cape of Good Hope, T think we shall in
future be able to preserve them ; and a ship to remain here as a

* Ante, p. 188.

208

HISTORICAL RECORDS OF NEW SOUTH WALES.

1788

30 Oct.

Convicts
kUled by
natives.

The natives

revenge

themselves.

They
hold aloof

Officers and
convicts.

Offifers
asked to
assist in
supervising
uonvicts.

They refuse.

store-ship would be attended with many advantages. It is still a
doubt whether the cattle we lost have been killed by the natives,
or if they have strayed into the country.* I fear the former, and
am sorry to say that the natives now attack any straggler they
meet unarmed ; and though the strictest orders have been given
to keep the convicts within bounds, neither the fear of death or
punishment prevents their going out in the night ; and one hafi
been killed since the Sirius sailed. The natives, who appeal-
strictly honest amongst themselves, leave their fizgigs, spears, tfec,
on the beach, or in their huts, when they go a-tishing ; these
articles have been taken from them by the convicts, and the
people belonging to the transports buy them at the risk of being
prosecuted as receivers of stolen goods, if discovered. The natives,
as I have observed, revenge themselves on any they meet unarmed ;
it is not possible to punish them without punishing the innocent
with the guilty, and our own people have been the aggressors.

The natives still refuse to come amongst us, and those who are
supposed to have murthered several of the convicts have removed
from Botany Bay, where they have always been more troublesome
than in any other part. I now doubt whether it will be possible
to get any of those people to remain with us, in order to get their
language, without using force ; they see no advantage that can
arise from us that may make amends for the loss of that part of
the harliour in which we occasionally employ the boats in fishing.

If my former letters have reached your Lordship the situation
of this settlement is known, and as most of the officers have
declined any kind of interference with the convicts, except when
immediately employed by themselves, the little progress made in
clearing land that requires so much labour will be accounted for.
A letter sent from the Admiralty to the commanding officers of
marines at Portsmouth and Plymouth is what the officei"s say
they govern themselves by, and in which they say no extra duty
is pointed out. What I asked of officers was so very little, and
so far from being what would degrade either the officer or the
gentleman in our situation, that I beg leave to report once more
to your Lordship the request I made soon after we landed, and
which was made in the followijig woi"ds : — "That officers would,
when they saw the convicts diligent, say a few words of encourage-
ment to them, and that when they saw them idle, or met them
straggling in the woods, they would threaten them with punish-
ment." This I only desired when officers could do it without
going out of their way ; it was all I asked, and was pointedly
refused. They declared against what they called an interference
with convicts, and I found myself ol^liged to give up the little plan
I had formed in the passage for the government of these people,
and which, had even that been proposed to the officers, required
no more from them than the hearing any appeal the overseer

Ante, p. 140.

PROSPECTS OF THE COLONY. 209

might find it necessary to make, and a report from the officer to 1788
me, or to the Judge- Advocate, if he thought it necessary, but 30 Oct.
which never has been asked of the officers, as they declined any
kind of interference.

The Golden Grove store-ship sailed for Norfolk Island the 2nd ^'orfoik
of October, with provisions and some stores, and carried a midship-
man, two seamen, a serjeant, corj)oral, and tive j^rivates, with
twenty-one men and eleven women convicts. Their numbers will
be increased in the course of the summer.

The Fishburn is now fitting for sea, that she may sail with the
Golden Grove, as soon as that ship returns from Norfolk Island.

The same reason which makes me trouble your Lordship with
tedious extracts from my former letters makes it necessary to
point out in this letter that we at present depend entirely for
pro\-i.sions being sent from England ; and I beg leave to observe
that if a ship should be lost in the passage it might be a very
coixsiderable time before it could be known in England. The Sirius, liixietieb.
from the length of the voyage, would not be able to supply this
settlement from the Cape, and though the Islands may furnish
refreshments in great abundance to one or two ships, if the Sirius
was employed between the Islands and this settlement, the quantity
procured would be but .small for so great a number of people ; but,
my Lord, I hope a very few years will put this country in a situation Prospects,
to support itself, for I have the pleasure of seeing what land has
been cleared in a very flourishing state.

I am now preparing to go up the harbour with a small detach- Anewsettle-
ment of one captain, two lieutenants, and twenty privates, who ™^" "
are to protect some convicts intended to clear land near the head
of the harbfjur,* where it is a fine open country, ha^dng very little
timber, and being perfectly free from underwood.

The Supply remains here, as I think that vessel necessary in the
harbour at present, and which was my reason for sending the
store-ship to Norfolk Island.

Returns of the detachment and the quantity of provisions in
store are enclosed to Mr. Nepean. I have, (fee,

A. Phillip.

Judge- Advocate Collins to Under Secretary Nepean.

Sydney Cove, Port Jackson,

Dear Sir, loth November, 1788. i5Xo\.

I beg leave to trouble you with the enclosed paper. It con- General
tains my opinion on the question respecting general courts-martial ^"artiai.
in this country, and the expedient that I proposed for getting over
the difficulty that was started by myself, and adopted by the officers
here.

I beg you to rest assured, and through the whole of your
consideration on this affair, to take this with vou — that nothinj,'

P * Rose Hill.

210

HISTOmCAL RECORDS OF NEW SOUTH WALES.

1788

10 Nov.
Doubts.

Stationery
and law
books.

13 Oct.

Officers
cannot
legally act,

but shnulfl
sit and ask
indemnity.

16 Nov.

would give me more pain than to be thought to start difficulties
for the sake of throwing obstacles in the way of the service.
The doubts that occurred to me were deemed satisfactory to the
officers of marines here, and the resolution adopted that you will
find among the public letters from the Governor. I sincerely
wish the expedient I proposed had also been adopted.

I sincerely hope you enjoy your health, and remain, with great
esteem, — David Collins.

I should be glad of a fresh supply of paper, and would be
extremely obliged to you if you would order Cooper to send me
Blackstone's Reports, any author that treats on costs, and any
law pubHcation of note that has appeared since my departure,
with whatever Acts of Pai'liament you may think necessary.

[Enclosure. ]

Sydney Cove, Port Jackson,

13th October, 1788.
To the question, " Whether a general court-martial formed of
marine officers can assemble by virtue of a warrant from his
Majesty's Governor-in-Chief of this territory, having a commis-
sion to gi'ant the same," —

I reply, I am of opinion that, being marine officers, they cannot
comply with the directions of the Act of Parliament passed for
their regulation while on shore in any part of his Majesty's
dominions, and hold a general court-martial under the warrant of
his Excellency the Governor of New South Wales.

But vvhen I consider the time that must elapse before a remedy
can be applied — when I consider how much his Majesty's service
may and must suffer from the want of a tribunal to which officers
should be amenable — when I consider that although the sti^ict letter
of the law is against their sitting, it has been clearly the intention
of every branch and department of his Majesty's Government that
there should be such a tribunal in this country, I am of opinion
that, waving the privilege of being assembled in conformity with
their own Act of Parliament, they should sit under the authority
of the King's commission and Governor of this territory, throw-
ing themselves, with the strong j^lea of necessity, on the Right
Honourable the Lords Commissioners of the Admiralty for pro-
curing them an indemnification for their having so acted.

I have, &c.,

David Collins,
Judge-Advocate.

Governor Phillip to Lord Sydney.

Sydney Cove, Port Jackson,
My Lord, Novenil)er 16, 1788.

Since I closed my letter of the 30th of October to your
Lordship the Golden Gi'ove has arrived from Norfolk Island, where

GOOD ACCOUNTS FROM NORFOLK ISLAND. 211

the people and provisions were landed, and from whence I have 1788
received the most favourable accounts. They have vegetables in 13 Oct.
great abundance, as well as fish. The grain that had been sowed q^^^
after the tu-st had failed (from having been heated in the passage, accounts
or injui'ed by the weevil) promises a great increase. The soil is xorfoik
extremely rich, and to the depth of many feet wherever they island.
have dug ; the people very healthy, and perfectly satisfied under
an officei', who will in less than two years render that island ^^^ '**''*"'' *'^
independent of this colony for the necessarys of life, if we can independent
procure black cattle to send him.* He will have an additional '"ars?
number of people in the course of the summer. A few honest,
industrious families would then find themselves happy in a good
climate, as healthy as this settlement (and no place can be healthier),
with a rich land, easy of cultivation, and where the storms of
thunder and heavy rains have not been felt. The flax-plant will Flax,
supply the settlers on that island with rope and canvas, as well
as a considerable part of their cloathing, when they can dress it
properly : Ijut a person experienced in dressing flax is much
wanted, as well as a few good husbandmen, for those we have
been able to send there are not only in general idle and abandoned,
but ignorant. A cocoanut that was as good as if just taken from
the tree, and a small piece of wood, said to resemble the handle
of a flyflap, as made in the Friendly Islands, and which did not
appear to have been long in the water, have suggested an idea
that some island which is inhabited lays at no great distance, but
which my present situation does not permit me to determine.
The remains of two or three canoes have been found on the rocks.
Tiie Golden Grove, in her passage from Norfolk Island, saw a
very dangerous reef, the south end of which lay in the latitude A danfrcrous
of 29" 25' south, longitude 159' 59' east.f It appeared from the ^'^^ '
N.E. by X. to N. when they were four leagues from it, but no
judgment can be formed how far it extends to the northward.

T had the honor of informing your Lordship of my intentions Port

Jackson

of lixing a settlement near the head of the hai'bour,J and I have
lately passed several days in examining the country. The land
is good, and though there is none we can take possession of at a fresh
present which can be cultivated without clearing the ground of
the timber — for if the trees are at the distance of thirty or even
fifty feet the roots spread — the labour there, nevertheless, Avill
not exceed the fourth part of what is required in our ])resent
situation, and there the land appears to be the best I have
seen in this country ; and as far as I could examine, which was
for a couple of miles round the spot on which I have flxed, I
think the country as fine as any I have seen in England. I had country.

* The anticipation was not realised. It was not known at this time, however, that so many
convicts would be sent to Norfolk Island as was afterwards determined,
t Post, p. 215.
: Rose Hill.

HISTOniCAIi RECORDS OF NEW SOUTK WALES.

1788

16 Nov.

A soldier
missing.

The people
healthj'.

Flax and
pepper.

Black sand.

Grievances

of the
marines.

Phillip
reticent.

A bad
countrj'.

an officer and ten men with nie, which I left to finish a small
redoubt, and in a few days the remainder of the detachment will
be sent up with some convicts.

A soldier has been lately missing, who, I suppose, lost his way
in the woods, and has either been killed by the natives or died by
a fit, to which he was subject.

Except the old, and those who brought incurable complaints
with them, the people are very healthy. The weather is now
settled, and the two store-ships are ready to sail, and intend
going round the South Cape.

A small quantity of flax, as I received it from Norfolk Island
is enclosed with the despatches. A plant that produces pepper,
and supposed to be the same as the East India pepper, is found
in great plenty in Norfolk Island. Several roots of this plant,
and some of the pepper, are sent to Sir Joseph Banks, who I
have requested to inform your Lordship or Mr. Nepean if it
proves to be, as supposed, the black pepper used in England.

In sinking a well the sand was thought to contain a very large
proportion of metal, a small quantity of which is sent by the
two ships. It has been twenty-four hours in a strong fire, but
we could not get it to melt. I suppose it to be blacklead.*

I have, (kc,
A. Phillip.

Major Ross to Under Secretary Nepean.!
Marine Quarters, Sydney Cove,

My Dear Sir, 16th NoA^ember, 1788.

I do not feel myself at all at ease with respect to you, as
I much fear you expect to hear from me by every ship which sails
from here. The truth of the matter is that I have no one thing
to communicate to you that can give you either pleasure or satis-
faction, for, unless I attempted to give you a description of this
country, and of the hardships, mortifications, and I had almost
said cruelties, we are obliged to submit to, I have no subject
worth taking up your time with.

From our Governor's manner of expressing himself, for he com-
municates nothing to any person here but to his secretary (Capt.
Collins), he has, I dare say, described this country as capable of
being made the Empire of the East. But notwithstanding all he
may from mterested motives say — and as this letter is only for
your own private perusal — I do not scruple to pronounce that in
the whole world there is not a worse country than what we have
yet seen of this. All that is contiguous to us is so very barren
and forbidding that it may with truth be said here nature is
reversed ; and if not so, she is nearly worn out, for almost all the

* A sample was submitted to Mr. Josiah Wed8'\\ood, who pronounced it to be
species of plumbago or blacklead."
t A private letter.

'a pure

EOSS'S ACCOUNT OF THE COLONY. 213

seeds we have put into the ground has rotted, and I have no I'^^B
doubt but will, like the wood of this vile country when burned 16 Nov.
or rotten, turn to sand. This latter is a fact that has been
proved, and will, I much fear, be fatally felt by some of its
present inhabitants. I say the present, because if the Minister
has a true and just description given him of it he will not surely No more
think of sending any more people here. If he does, I shall not should be
scruple to say that he will entail misery on all that are sent and sent.
an expense on the mother country that in the days of her
greatest prosperity she was not equal to, for there is not one
article that can ever be necessary for the use of man but which
must be imported into this country. It is veiy certain that
the whole face of it is covered with trees, but not one bit of
timber have we yet found that is tit for any other purpose than
to make the pot boil. Of the general opinion entertained here
oi the wretched prospect we have before us I cannot I think A wretched
give you a moi'e convincing proof than that every person (except
the two gentlemen already mentioned, whose sentiments I am
perfectly unacquainted with) who came out with a design of re-
maining in the country are now most earnestly wishing to get away
from it.

You will, no doubt, see a copy of the return which I am going
to send to the Admiralty, as the Governor has requested it for
your office. It is a return of that part of the marine detach- ^'arines who
ment that wish to remain in this country, and the purposes for
which they wish to stay.* I think this return [will] open people's
eyes more than a volume writ upon the subject would.

There is an effort making for clearing some land for "corn at Rose Hill,
the head of this harbour. The party gone and to go ai"e to be under
the care and protection of your old friend Campbell, who is to have
two officers and twenty marines with him. His perseverance and
attention to the forwarding the public service in general is too
well known to require my saying anything on that head, unless it
is to assure you that his abilities ever since his arrival here has
been constantly employed with the most sedulous attention to the
success of this settlement in particular, and was I in a situati(jn
that would admit my doing it, I most assuredly would make the
Secretary of State acquainted with his worth. But as that is Campbell's
not the case, I dare say you will think it a justice due to any
man, much more in the present instance, for your old acquaint-
ance, whom I am sure you wished to ser\ e. I flatter myself you
will have pleasure in representing him as he deserves, and
possiWy by that means procuring for him that for which he has
served so long for.f * * * *

11. Ross.

* Ante, p. 201.

t The latter part of this letter is omitted by the transcriber as being devoid of public
interest.

2U

HISTORICAL RECORDS OF NEW SOUTH WALES.

1788

IG Nov.

Previous
reports.

Movements
of ships.

Detachment
for Norfolk
Island.

Misunder-
standings
with the
natives.

Store-ship
for the
harbour.

■Small
vessels.

A marine
missing.

Governor Phillip to Secretary Stephens.

Sir, Sydney Cove, Port Jackson, November 16, 1788.

By his Majesty's ship Sirius, that sailed from hence for the
Cape of Good Hope the 2nd of October, I had the honor of trans-
mitting, for the information of the Lords Commissioners, particu-
lars respecting this settlement and Norfolk Island, with such
drawings of that and Lord Howe Island as I had received from
the lieutenants King and Ball.

A survey, made by Captain Hunter and the officers of the
Sirius, of this harbour was sent with my dispatches in July, under
the care of Lieutenant Shortland.

The loss of all the seed wheat and most of the other grain and
seeds that Avas brought from England, by being heated, was my
reason for sending the Sirius to the Cape. You will, sir, please
to inform their Lordships that the Fishburn is now ready for sea.
The Golden Grove sailed for Norfolk Island the 2nd of October.
Both ships will sail for England as soon as that ship returns.

I thought it necessary to keep the Supply, tender, here in the
absence of the Sirius, which was my reason for sending the
Golden Grove to Norfolk Island ; and I ordered the master of the
Supply on board that ship, as he is acquainted with the island,
where the landing is difficult. Eighteen months' provisions and
stores, with a petty officer, one sergeant, one corporal, five privates,
two seamen, twenty-one men, and eleven women convicts, were
sent in the Golden Grove. These make the number of people on
Norfolk Island sixty-one, and more will be sent in the course of
the summer.

The natives now avoid us more than they did when we first
landed, and which I iijjpute to the robberies committed on them
by the convicts, who steal their spears and fizgigs, which they
frequently leave in their huts when they go out a -fishing, and
which the people belonging to the transports purchase, though
every possible precaution has been taken to prevent it. This the
natives revenge by attacking any stragler they meet, and one
convict has been killed since the Sii'ius sailed.

The advantages attending a ship of the line as a store-ship in
this harbour I have observed in my former letters. Such ship
might bring a considerable quantity of black cattle from the Cape,
as I presume she would have few guns on board. One or two
small vessels of thirty or forty tons would, likewise, be employed to
great advantage, and which I beg leave to submit to their Lord-
ships' consideration. The necessity of a regular supply of pro-
visions has been, likewise, pointed out in my former letters, as-
the resources this country affords at present are very trifling.

A marine has been lately missing, and it is doubtful whether
he lost his way in the woods and was killed by the natives, or
whether he died in a fit, he being subject to fits.

LETTERS TO THE ADMIRALTY. 215

The Golden Grove returned from Norfolk Island the 10th 1788
instant, having landed the provisions and people. In her return ic Nov.
they fell in with a dangerous reef, on which the sea broke; very j^ dangerous
liigh. The south end of the reef only was seen, which, by Mr. reef.
Blackburn's account (the master of the Supply), is in the latitude
of 29° 25' S., longitude 155" 59' E.* It extended from N.E. by
N. to north, but the weather did not permit him to examine how
far it extends to the northward. They were, when the bearings
were taken, four leagues from it, with light airs of wind. It shall
be examined in the course of the summer.

The accounts I have received from Norfolk Island are equally ^'^^'^j*^' ^^
favorable with those first received. Vegetables of every kind are island.
there in abundance. The corn they have sown promises well, and
the landing may be made much safer than it is at present. The
two store-ships have each a lower yard and top-gallant masts from
that island, which I have ordered them to deliver at Deptford
Yard, by which it may be determined how far the pine of that
island may be useful. We still continue clearing the land near
us, and some convicts, with a small detachment, are settled near
the head of the harbour, where the ground is better and less timber
to clear itwa.j.

The two store-ships are now nearly ready for sea. The state and ^^"^^''.'^{qJ?^
condition of his Majesty's armed tender Supply is inclosed. The sea.
store-ships are to endeavour to make their passage round the
South Cape.

During the winter we had frequently very heavy gales of wind. Gales.
several from the eastward ; but the weather is now settled, and
we have had less rain in the winter than Avhat I have generally
known in that season on the Brazil coast.

Some driftwood, a cocoanut, and a small piece of wood like the
handle of a fly-flap, such as are made in the Friendly Islands,
having been driven on shore at Norfolk Island, not appearing to {^"j^l^J^^
have been long in the water, have suggested an idea there that island.
some inhabited island is at no great distance.

I have, &c.,
A. Phillip.

Major Ross to Secretary Stephens.
Sir, Marine Q'rs, Sydney Cove, 16th Nov., 1788.

Since I did myself the honor of writing to you on the 1st
October by Captain Hunter, who was ordered to the Cape of
Good Hope, I found myself under the necessity of ordering an
officer into confinement, but as it has ever been my wish rather An anest.
to convince than punish, I directed the adjutant to show the
officer the letter I had written to the Governor-, re(i[uesting a

* Middleton Reef, named after Sir Charles Middlcton, Comptroller of the Navy. The
" Directory of the South Pacific Ocean " pives the latitude of the "west elbow" of the reef
2!)" 27' 40" S., and the longitude 159° 3' 38" E.

21G HISTOPvICAL RECORDS OF NEW SOUTH TTALES.

1788 general court-martial, telling him at the same time my motive for
16 Nov. doing so was that if he felt himself sensible of the impropriety of
his conduct he would then know what he had to do, and that
then the letter would not be sent ; but if, on the contrary, he
preferred a trial by court-martial, my letter would immediately be
transmitted. To this the adjutant bro't me an answer that it was
very well, and he had no objection to a general court-martial.
A general In consequence of my application, the Governor sent me a

martial. warrant for the assembling a general court-martial, which was
accordingly ordered, and was for sojne days prevented from
meeting by the indisposition of one of the members. This officer
(Capt. Meredith) continuing to grow worse, it became necessary
to order another member, which was done. On the 13th October
the officers ordered to compose the court assembled agreeable to
orders. Soon after, Capt. Campbell, who was to have been the
President, delivered me a letter with a paper inclos'd, of which
No. 1 is a copy,"^ and which, at his and the request of the other
officers who were to have compos'd the court, I have the honor of
inclosing, for their Lordships' information, together with a letter
and paper given to me at the same time by the Judge-Advocate,
of which No. 2 is the original.! The Judge- Advocate's motive for
giving me this paper I find myself yet at a loss to account for,
nor can I possibly here omit observing that there did not seem
Doubts as to to be a doubt entertained of the Governor's being sufficiently
Its legality, authorized to order a general court-martial till the Judge- Advo-
cate called upon Captain Campbell, and in my presence told him
it was his opinion that being marme officers they could not
legally sit under a warrant from the Governor, as there was no
power deligated to him for that purpose, either by Parliament or
the Admiralty.

The court-martial being now, as their Lordships will see by the

above paper, out of the question, the Governor, without with-

A court of clrawincf the warrant or returning my letter, order'd a court of

influiry, '-^ . ,

enquiry to assemble and enquire into the charge, and report
whether there was, or was not, sufficient grounds for a court-
martial. The report of this court was made to the Governor by
Captain Campl^ell, from whom I understand that he did not
think himself at liberty, under the above circumstances, of enter-
ing into the enquiry, and that the court only gave an opinion
that an application from a commanding officer had ever been
deem'd sufficient grounds for granting a general court-martial.
At this stage of the business the Governor judg'd fit to send the
The accused Judfje- Advocate to the officer in confinement, to inform him that

to be . . .

ordered he should Send him to England by the first ship, together with
home. ^Y\e charge against him.

At this time I received a letter from the officer purporting
that the adjutant did not at the time I sent him with my letter

* Ante, pp. 205-206. t See enclosure in CoUins's letter to Nepean. Ante, p. 210.

LETTERS TO THE ADMIRALTF. 217

inform him of my motives for so doing, else he would have done 1733
everything in his power to have the letter stopt, and express'd le Nov.
inuch sorrow at his having been so long kept in ignorance of my Anapoiogj-.
intentions. This circumstance I communicated to the Governor,
who told me it was then too late, for as the warrant had been
granted the letters could not be recall'd, and that he found him-
self under the necessity of sending them to England. This reply,
I must confess, mortitied me, l)ut on my receiving the necessary
apology from the officer I wrote a letter to the Governor, of
which No. 3 is a coi^y,* in consequence of which he ordered the The officer
officer to return to his duty, but has not given up the letters. duu"!"* ^^

In our present situation their Lordships will see the impos-
sibility of our holding a general court-martial til such time as
the difficulties mentioned in the paper No. 1 ai'e removed, which
I am convinced their Lordships will cause to be done as soon
as possible.

I am sorry to inform their Lordships that on the 26th October
James Rogers, a private marine, in the 15th Company, who had
for some time been employ'd in sawing, was returning to his
liutt, and the distance to it not more than a quarter of a mile,
yet in that short distance he is suppos'd to have lost his way and Lost in
wandered in the woods till he was starved, for he has not since ^^^ "* '
Ijeen heard of. I have repeatedly sent all the officers and men off
duty, with all the dogs they could collect, in search of the body,
but all to no purpose. It being impossible for a man to exist in
the woods of this country, even supposing him to have his arms,
which was not this man's case, and as he had always heexx looked
upon as one of the best and quietest men in the detachment, I have
no doubt of his being dead, and have thex'efore set him off as dead
in the effective list.

Another unfortunate circumstance has lately happened, which
I have pain in I'elating. On the 6th inst. a quarrel happen'd
overnight between Thomas Bulmore, a marine, and some of his
comrades. It had not been so effectually settled that night as to
prevent them from going out the next morning, which they unfortu-
nately effected without the knowledge of either commissioned or
non-commissioned officers. From the Ijruises or blows that Bulmore a marine
received in the quarrel he died on the 10th. Four of the marines S^^^"*
are now in confinement for it, and to be tried by the criminal
court f. Should that coui't have determined their fate before the
ship sails their Lordships shall be made acquainted with it.

In my last letter I inform'd you of my having an order for a
detachment to be in readiness for the head of the harbour the Rose Hill,
first week in October. It was only a few days ago that a part of

* Ante, p. 202.
t They were found guilty of manslaughter, and sentenced to 200 lashes each. Post, p. 220.

218

HISTORICAL RECORDS OF NEW SOUTH WALES.

1788

IC Nov.

Slow
progress
with
barracks.

Smith?
wanted.

Bad paper.

Norfolk
Island fla.x.

that detachment was sent up to protect some men order'd to errect
a store-house for provisions. The rest will, I beleive, in the course
of a few days be ordered to join those already sent.

In my last letter I informed their Lordships with the state of
the barracks errecting for the detachment. Captain Campbell's
company has for some time been in the one errected for his company,
but to say when the other companys will be in theirs it is now
impossible for me to say, though I much fear that it will not be
for some months, as all the artificers have been drawn off from us
for purposes that his Excellency imagin'd to be of more importance
than the getting the detachment under proper cover. I have,
Avith the Governor's assistance, contrived to have hammocks foi*

our men.

but

as

they

are

m general very bad, I hope their

general

Lordships will be induced to direct the Navy Board to send a
sufficient number, with the bedding which we want much for the
detachment. My reason for preferring hammocks to standing
beds is that they are much more easily kept clean, and, of course,
more healthy for the men.

The blacksmiths employ'd by the Governor are kept in such
constant employ as to render it impossible for me to get them to
attend to the arms of the detachment. Two of our firelocks have
been in their hands for the last three months, and are now in the
same state as when sent to them. This makes me fear that I
shall be under the necessity of employing one of our own men,

who is a gunsmith.

Should it be so I shall endeavour to engage

him upon the same terms with the people of that description
employ'd at the different divisions, which will, I hope, meet with
their Lordships' approbation.

The Governor has informed me that he will order the detach-
ment to be compleated from the party of marines serving on
board the Supply, armed tender. If he does before the ships sail
their Lordships will see it by the general return.

T am sorry to say that the paper supplied for the use of the
detachment is so spungy and of so inferior a quality as to be
almost totally useless from its having got damped and mildew'd
upon the passage. I therefore request that their Lordships will
please to order me to be supplied with those articles of a better
quality, and some of a larger kind than what was sent before.

With this letter I transmit for their Lordships' information a
copy of the effective list for the last quarter, a general return of
the detachment, and an account of the issues and remains of the
quarter-master's stores.*

Governor Phillip to Under Secretary Nepean.
Dear Sir, Sydney Cove, Port Jackson, 16th Nov., 1788.

In the box which contains my despatches, on board the
Golden Grove, I have put up some flax, as received from Nor-

* Note by transcriber : — " Name of R. Ross omitted, though from him direct."

TllIAL OP MARINES. 219

folk Islaiul. 1 have before ol)sei-ved they have no person who 1788
understands how to manage it. There is likewise a small box 16 Nov.
with sand, which I suppose to contain blacklead. One paper in
that box contains what was in as strong a tire as we could make
for twenty-four hours, but did not melt. I have sent a small ^ji^j'^j^^aT'Jfnd
quantity by the Fishburn to Sir Joseph Banks. Here is a vegetable.
tree, of which we have whole forests, from the leaves of which is
distilled an essential oil that appears to be equal to oil of pepper-
mint.* The returns of the detachment, state of the sick, and
quantity of provisions in store for the detachment and convicts
(not including the ships' companies of the Sirius and Supply,
who nuist Ije hereafter victualled from the store), are inclosed. f

Two lower yards were cut at Norfolk Island for the two store- Spars,
ships, and the masters have my directions to deliver them at
Deptford Yard. By those spars they will be able to determine
the quality of the wood.

I have mentioned the situation of Lieutenant King, who is the
Commandant of Norfolk Island, in my former letters to Lord
Sydney and yourself ; and you will now permit me to mention Mr.
Jamison, the surgeon, who is surgeon's first mate of the Sirius. Sui-freon
He is a very good man, and if the surgeon was to die would
lose his chance of promotion ■ at the same time, if the Sirius
leaves the station, he would not be entitled to any pay from the
Navy Board. At present he has only the pay of surgeon's mate.

I have, &c.,
A. Phillip.

Governor Phillip to Under Secretary Nepean.
Sir, Sydney Cove, 17th November, 1788. 17 Nov

The flax contained in this box is from Norfolk Island.
I have mentioned in my former letters the want of a person Nm-foik
that understands the preparing and manufacture of flax. If
properly dressed, I think it would be superior to any that grows
in Europe.

Of the cotton seed brought from England \ery little vegetated.

I have, &c.,
. A. Phillip.

Major Ross to Secretary Stephens.
Marine Quarters, Sydney Cove,
Sir, New South Wales, 18th Nov., 1788. is Nov.

I have to infonn you, for their Loi'dships' information, that
since my letter of yesterday's date the criminal court have acquitted

* See note to memo, by Sir Joseph Banks. Post, p. 283.

t In the return of the civil establishment enclosed eleven ofBcersare mentioned, including
Governor, Lieutenant-Governor, Jud'^e-Advocate, cha])!ain, conmiissary, surgeon, surveyor-
^'eneral, three assistant surgeons, and acting provost-marshal. The military force I'onsisted
of 1(!0 privates, major, two captains, two captain-lieutenants, eight first lieutenants, three
second lieutenants, adjutant second lieutenant, quarter-master first lieutenant, and
Judge- Advocate (David Collins).

220 HISTORICAL RECORDS OF NEW SOUTH WALES.

^'''88 the marines (that were tried) of willful murder, and brought it in
IS Nov. manslaughter, and have sentenced them to two hundred lashes
each. I have, &c.,

R. Ross, Major.

Mr. D. Considen* to Sir Joseph Baxks. (Banks Papers.)
Sir, Port Jackson, Nov. 18, 1788.

From the intimacy v.'hich subsisted between you and my
friend, Capt. Charles Hamilton, I have taken the liberty of send-
ing home some birds and a kangaroo skin, properly stuffed, to your
care, to be forwarded to him as soon as possible. At the same
time I beg your acceptance of five birds and a kangaroo skin — all
properly prepared and stuffed. I have likewise sent two living
opossums (one for you, the other for Captain Hamilton), and two

Animals and beautiful paroquets alive (one for Mrs. Charles Hamilton, the
other for your daughter). I sincerely wish they may reach you
safe. Understanding you were a naturalist as well as a botanist,
I have sent you some beetles, viz., tAvo species from S. America,
and some flowei'-seeds (such as I could at present collect in this
country), and specimens of two sorts of gum, the production of
this country, the one red and the other yellow. The first is the
red astringent gum well-known in England ; the other, I have

Gnm. taken the liberty of naming the balsam to be of New South Wales.

These I have used medicinally, and found them to answer my most

Sweet tea. sanguine expectations. I have sent you some of the sweet teaf of
this country, which I recommend, and is generally used by the
marines and convicts. As such it is a good anti-scorbutic, as well
as a substitute for that which is more costly.

This country produces a variety of flowers and shrubs totally
unknown in Europe, and five or six species of wild myrtle, some of
which I have sent to you dried. An infusion of the leaves of one
sort is a mild and safe astringent in the dysentery. We have a

Flowers and large peppermint-tree, which is equal, if not superior, to our

s. English peppermint. I have sent you a .specimen of it. If there

is any merit in applying these and many otlier simples to the

benefit of the poor wretches here, I certainly claim it, being the

first who discovered and recommended them.

Many of the shrubs are now in bloom, and many more have not
yet ripened their seed. Therefore, I cannot send you that variety I
could wish ; out I will inake it my business during my residence here
to send you some by every opportunity, should it be pleasing to you.
You are probably surprised I have not given you some account
of the country, ifec, when I have taken the liberty of addressing
you at all. For this I l)eg leave to refer you to Capt. Hamilton, to
whom I have given a short sketch of it, together with my opinion.

* Assistant Surgeon.

+ The native sarsajiarilla. The herb is a common article of trade amongst Sydney herba-
lists.— Maiden's "Useful Plants of Australia," p. 203.

AN officer's ACCOrXT OF PORT JACKSON. 221

I bad forgot to say that the red gum is produced by two very 1783
difterent sorts of trees, and that the yellow gum is the production 18 Nov.
of a small tree of the palmette kind, the seed of which I have sent Red aiid
to you. It grows on a stalk from 6 to 12 feet long, and very yellow gum.
much resembling a cane, out of the centre of the top of the tree,
which is from 3 to 7 feet high, and the circumference from 18 to
24 inches; the external surface appears as if burned, but upon
examination it is only a black vein, which, if powdered, becomes
of a red colour. 1 am, &c.,

r>. CONSIDEN.

Memo, of such things as I have sent to you and Capt. Hamilton
by the Golden Grove, transport, of London, Wm. Sharp, master: — •

Eight paroquets, prepared and stuffed ; a nameless bird, pre-
pared and stufied; flying squirrel, prepared and stuffed ; 2 American
beetles, prepared and stuffed; some seeds, all in one box; 2 live
paroquets, in a cage ; 2 live opossums, male and female ; 2 kan-
garoo skrus, stuffed ; and some of the native spears.

Extract from a letter written by an ofiBcer of the marines, dated
Port Jackson, 18th November, 1788 (Banks Papers).*

Havixg experienced a long tho' favourable voyage from England,
we arrived at Botany Bay on the 20th of January last, where we
expected to lay a foundation for a colony, but I am sorry to say Botany Bay
the country for several miles round the bay does not afford a spot ^^isappoiiit-
large enough for a cabbage garden fit for cultivation. The bay
itself is beautiful and capacious, but open to the south-east winds
which prevail there at a certain season. It is surrounded with
rocks, sandhills, and swamps, all which are covered as thick as you
can possibly imagine with trees and underwood. You may easily
suppose our disappointment was great in having our sanguine
hopes so soon frustrated ; however, during our dilemma his
Excellency the Governor explored the coast to the northward, and
in a few days returned with the pleasing account of having dis-
covered the finest harbour in the world, viz., Port Jackson, so Poit Jack-
named by Capt. Cook. On the following morning we quitted ®°""
Botany Bay wich pleasure, and anchored in Sidney Cove, Port
Jackson, in the evening of the same day.

Port Jackson is, without doubt, the finest harbour in the known Thn "finest
world. It extends from 15 to 20 miles into the country, forming the worW."
beautiful bays and coves on every side, with deep water everywhere
for ships of any burthen. Sidney Cove, which is the seat of
Government, is 5 miles within the entrance of the harbor. The
country all round the harbor is similar to that of Botany Bay,
only more rocky, some few spots excepted, which may admit of
cultivation with a deal of labor. The soil is in general sandy, Sandy soil,
and no fresh-water river or spring has as yet been discovered ; some water

* Sir Joseph Banks's handwriting.

99-7

HISTOMCAL RECORDS OF NEW SOrTH WALES.

1788

18 Nov.

Lightning
and nun.

Native
animals.

Birds

Trees and
shrubs.

Iron.

The natives.

still, fresli water is found in many places, -which is only the over-
flowing of swamps, consequently can't be very wholesome. It has
on our arrival here, and still does occasion, many complaints, such
as dysentery and worms. The climate is tine and temperate, and
seems to be considerably influenced by the moon, as we have a
deal of thunder and lightning at every change of that planet,
besides torrents of rain. The lightning has done some damage by
killing all the sheep belonging to the Lieut. -Govr. and others.
"We have had a great deal of rain in the months of June, July,
and part of August, whicli seem to constitute the rainy season
here.

The country, as far as we know, produces few quadrupeds. The
largest is the kangaroo. They make use of their hind legs only
in jumping or escaping from their enemies. The female carries
and nurses its young in the pouch under its belly. The opossum
is next in size. They are easily tamed, and eat anything. There
are flying squirrels, a spotted animal of the cat kind, but larger-
bodied, extremely destructive to fowls, and three sorts of rats ;
the kangaroo rat, whicli partakes of that animal ; the flying rat,
which, by the assistance of its bushy tail, flies from tree to tree,
which are numerous and very troublesome. These are all the
quadrupeds Ave have seen here yet, except the native dogs, some
of which are large, and seem to be of the fox kind.

The birds are not so numerous as you would expect in a wild
country, but very beautifull in general, especialy those of the
parrot tribe. The ostrich is here, and the black swan ; one of each
has been killed, and several seen besides. Many other birds, large
and small, which I can't describe. Twelve miles from this settle-
ment I have shot wild ducks, pigeons, and quails.

The country produces five or six kinds of trees, two of which pro-
duce the same sort of gum, viz., a red astringent gum well known

oTow to an amazing size, but are
The only tree fit for building or
any other use is the fir-tree, and even that is bad. There are here
many shrubs, plants, and flowers totally unknown in Europe,
some of which have been used medicinally with success by our
surgeon, Mr. Considen, particularly the yellow gum, as a substitute
for balsam of tolu.

There is neither ore nor mineral as yet found, except iron,
which is very common, and a small portion of copper.

The natives do not appear numerous, but the most wretched of
the human race. They are dressed in nature's garb, subsist
cheifly on fish and roots we ai'e unacquainted with. They inhabit
cheifly the cavities of rocks and trees ; their miserable huts, which
are few, are constructed of the bark of trees. They do not wish
to cultivate our acquaintance or friendship. They are treacherous,
for they have murtherd several of the convicts and one marine,

in England.

scarce worth cutting down.

AN officer's account OF FORT JACKSON. 223

besides wounding many more. Indeed, tliey attack every person 1788
they meet unarmed, and appear civil to all those they meet armed, is Nov.
This is what induces me to call them treacherous. They have
spears which they use in tishing and in impaling their enemies,
besides stone hatchets and chizels.

The kangaroo is a very timid animal, incredibly strong for its The
size, and can jump faster than a horse can run. Its flesh is not kangaroo,
bad eating, something like coarse mutton.

Having given you a sketch of the country, I shall leave you to
form your own opinion of it. At the same time I beg to give
mine, which is, that it will never answer the intentions of Govern-
ment, for two reasons : first, because it is at too great a distance
from every trading country ; and secondly, it will never make any
return to the mother country, nor can it support itself independent
of the mother country these twenty years. I could adduce many
other reasons besides these.

I shall now say a few words about the internal management of
affairs in this country. About six months ago only it was for-
tunately discovered that there was not above eight months' flour in
the colony. The consequence was that a council was convened,
and the vSirius ordered to the Cape of Good Hope for a supply of
that necessary commodity and the rations lessened. It was like- scarcity
wise judged necessary by his Excellency to order a detachment of "^^^'^■
marines and convicts to a place about 14 miles distant to cultivate
the land, which is thought by those who pretend to understand it
to be better soil and easier of cultivation than any nearer to us.
However plausible this may appear, still the detachment is not yet
gone (a few convicts excepted), and the season so far advanced
that it is impossible they can raise grain time enough to prevent
the impending danger in case any accident should happen to the
^irius.

An elegant bi-ick house is built for the Governor, and another
of hewn stone for the Lieut.-Govr. A hospital was began on our i"ents.^^
arrival here, and is not yet half-flnished, nor flt to receive an object.
Two store-houses were bungled up, and are now in a tottering
condition. Private convenience is the chief study, and I am sorry
to add that neither order, mode, nor regularity has appeared in any
department in this colony. About four months since every gentle- 0^^"^°^
man had a grant of two acres of land, and a labourer to clear and
cultivate them. I can assure you that my brother ofticers and
myself have been at a great deal of trouble and expence to effect
this, and now, when we were likely to reap the fruit of our labour,
the men are taken from us to be sent with the detachment above
mentioned, and I myself am ordered on the same service. We have
been here between nine and ten months, and we are not as yet all
hutted. You will hardly believe me when I say that we ourselves
have been obliged for the want of assistance to cut thatch and

224

HISTORICAL RECORDS OF NEW SOUTH WALES.

1788

18 Nov.

No proper
d\velliii''s.

Comment
by Sir
Joseph
Banks.

1789

3 Jan.

wattles for our hntts, and now that I have nearly compleated mine
I must quit it, and willingly obey orders. I have lived in a
marquee since I arrived here, and am likely to continue it much
longer. We have labor'd incessantly since we arrived here to
raise all sorts of vegetables, and even at this distant period we
can barely suj^ply our tables, his Excellency's not excepted. This,
together with the miserable state of the natives and scarcity of
animals, are convincing proofs of the badness of the country. You
will, no doubt, have a flattering public account, but you may rely
upon what I have advanced. Every gentleman here, two or three
excepted, concur with me in opinion, and sincerely wish that the
expedition may be recalled."

Note hy Sir Joseph Banks : — N.B. — It would not be prudent to
rely wholly upon what this gent has advanced, especially in that part
of his letter that speaks of the quantity of Hour in the colony. The
public return of provision, dated ISTov'r 16th, 1788, is as follows : —

Months. Months.

Beef and pork ... 20 Butter L3

Flour aud rice ... IS Pease ... ... ... 16

The Sirius

leaves

Sydney.

The Cape
Horn route.

Scurvy

Captain Hunter to Secretary Stephens.

Sirius, in Table Bay, Cape of Good Hope,
Sir, 3rd January, 1789.

His Excellency M. Van de Graave,* Governor of this settle-
ment, having, upon my arrival here, very politely offer'd an im-
mediate conveyance to Europe for any dispatches I might have
to forward, I therefore embrace that opportunity of informing
my Lords Commissioners of the Admiralty that, in obedience to
an order from his Excellency Arthur Phillip, Esq., Governor of
his Majesty's territory of New South Wales, &c., <tc., a copy of
which I send enclosed, together with the state and condition of the
ship,! I sailed from Port Jackson on that coast, in his Majesty's
ship Sirius, under my command, on the 2nd day of October, 1788 ;
but Governor Phillip having declined to direct by what rout I
should perform the voyage, I judged that at that season of the
year the rout to the eastward, by Caj^e Horn, promised fairest
for an expeditious passage; I therefore steered for the South Cape
of New Zealand, which I passed on the 12th, and made the coast
of Terra del Fuego on the 26th November. The weather off Cape
Horn, altho' the summer was well advanced, was so exceedingly
cold, occasioned by the vast mountains of ice which we daily fell
in with, that the sliip's company, who had been upon salt pro-
visions ever since we left the Cape of Good Hope outward bound,
and without any kind of vegitable, fell down very fast with the
scurvy. I arrived in this bay on the 1st January, 1789, having
buryed three seamen on the passage.

* In other despatches the name is given as Von Graaffe. \ The enclosures are not recorded.

THE SlillUS AT TUE CAPE. 225

On the clay I sailed from Port Jackson the ship sprung a leak, 1789
which admitted 2 feet 4 inches water in the four hours, but as 3 jan.
before my arrival here we had discovered it to be about two or ^ ^^~^
three feet below the wale, starboard side, I hope to be able to
have it stoped before I sail on my return to the coast of New
South Wales.

I transmit by this opportunity a box containing dispatches
from Governor Phillip, directed to Lord Sydney, one of his
Majesty's Principal Secretarys of State. On the 12th of July
last four transports* under the command of Lieutenant Shortland Transports,
sailed from Port Jackson for Europe. They took tlieir route to
the northward, and might possibly have called at Batavia. They
have not touched here ; I therefore imagine they may have passed
on to St. Helena and water'd there on their way home.

I think it necessary, in case Governor Phillip's dispatches by
the above transports should not arrive before this may reach the
Admiralty, to mention for the information of their Lordships
that the harbour of Port Jackson, which is about 4 leagues to
the northward of Botany Bay, having been examined and found
a safe, extensive, and commodious harbour, the Governor had
fixed the seat of Government there, instead of Botany Bay. Its Botany
latitude is 33" 50' and its longitude 151° 25' Et. of meridian of ^'''^'''■'*^'*
Greenwich. The three transports chartered by the East India
Company for Chinaf were discharged, and left Port Jackson on
the 6th May last ; two of the store-ships remained when I sailed,
and would be ready to sail for Europe about three weeks after
my departure.

As no part of the service on which I came to this place J is yet
in any forwardness I cannot give their Lordships any informa-
tion upon it, but will leave an account of my jjroceedings to be
forwax-ded fi'om hence after my departure, if no opportunity
should offer before I sail. I am, &c.,

Jxo. Hunter.

Captain Hunter to Secretary Stephens.

Sirius, Table Bay, Cape Good Hope,
Sir, 20th January, 1789. 20Jan

Upon my arrival in this bay an opportunity ofFer'd, of
which I availed myself, and wrote you for the information of tlieir
Lordships, signifying the service I came here upon, and enclosing
a copy of my orders from his Excellency Arthur Phillip, Esq. In
that letter, which was dated the 3rd instant, and goes by way of
Holland, I mentioned that four of the transports which carried
out the convicts to the coast of New South AVales had sailed fi-om
Port Jackson in the middle of July last, under the command of pons.™'"*

* Alexander, Prince of Wales, Friendship, and Borrowdale. Post, p. 2-'6.

t Scarboroiigli, Charlotte, and Lady Penrhyn.

J Hunter was sent to the Cape for supplies. Aute, p. 188.

226

HISTORICAL EECORDS OF NEW SOUTH WALES.

1789
20 Jan.

Ships in
distress.

Great
mortality.

A transport
scuttled.

The sick
recovering.

Plan of Port
Jackson

Boats
wanted

Lieut. Shortland, the agent of transports, but that they had not
touched here on their way home. Having since the date of the
above letter received some accounts of those ships, I judged it
necessary to trouble their Lordships with such information as I
had collected, and which has been so particularly told me that I
have not the smallest doubt of its authenticity. A Dutch East
India ship arrived here lately from Rio de Janeiro, the officers of
which inform'd me that two ships arrived there seperately from
the east coast of New Holland in so very distressed a condition by
sickness and the death of many of their seamen that it became
necessary for the boats which boarded them to stay and bring
their ships to an anchor and to hand their sails. Those two ships,
from the very particular description given of them, are, no doubt,
the Prince of Wales and Borrowdale.

A Dutch frigate arrived here yesterday from Batavia, by the
officers of which T am informed that Lieutenant 8hortland had
arrived at that port in the end of November, also in very great
distress by sickness ; that out of the two ships which were together
(Alexander and Friendship) they had lost so many of their people
that it became necessary to destroy one ship to man the other ; the
crews of Vjoth were put on board the Alexander and the Friendship
was sunk ; and that the Alexander, when she came into the road
of Batavia, was so sickly as to require the assistance of other
ships to hand their sails and secure the ship, but when this frigate
sailed (13th Decemr.) their sick were recovering fast, and the
Alexander had been, by the assistance given them from other
ships, re-fitted and put in a state for sea, so that I think it
probable Lieutenant Shortland may arrive here before I sail on
ray return to the coast of New South Wales.

As Mr. Shortland is charged with Governor Phillip's dispatches,
duplicates of which I think were on board the Friendship, with
which are several copys of the plan of Port Jackson, it is not
probable that their Lordships can be in possession of any sketch
of that harbour until his arrival. I have, therefore, reduced the
original scale upon which the harbour was done for the convenience
of the present conveyance, and send by this opportunity a copy of it.

I shall not be able to get the service upon which I came here so
soon executed as I at first expected, chiefly for want of boats.
Governor Phillip having found it necessary to keep the Sirius's
long-boat and a smaller boat for the use of the settlement, which
reduced ovir number to two six-oar'd cutters, and there is much
difficixlty in getting craft to hire, owing to the great number of
ships in the bay at this time. I am, tfec,

Jno. Hunter.

P.S. — This letter and the sketch of Port Jackson I put under
the care of Lieut. Chevalier, of his Maj.'s 15th Hanoverian Regt.,
who has promised to deliver them at the Admiralty Office himself.

TTIE SIRirS AT THE CAPE. 227

Captain Hunter to Secretary Stephens. I'SQ

Sirius, Table Bay, Cape Good Hope, is Feb.

Sir, 18th February, 1789.

I beg you will ])e pleased to inform their Lordships [the
Lords of the Admiralty] that, having compleated the victualling
of his Majesty's ship under my command to twelve months, and
taken on board :\n additional quantity of flour for the use of his
Majesty's settlement on the coast of New South Wales, I shall
immediately proceed on my return to that coast.

On the 20th ult'o I took the opportunity of an oflicer in his
Majesty's service I'eturning from the East Indies to England to
write you a few lines for the information of their Lordships, in
which I mention'd certain accounts Avhich I had received from a
Dutcli frigate from Batavia, resj^ecting two of the transports Tlie trans-
which left Port Jackson in July last under the command of P'''^^
Lieutenant Shorthand, the agent, who arrived here last night in
the Alexander, transport, and confirms the intelligence I gave
their Lordships in that letter, and by whom I^ shall forward this
to England.

I have been so fortunate as to stop in a great degree the leak, The Sinus
which I mentioned in a former letter the ship had sprung on the
day I left Port Jackson, but as I imagine we shall be subject to
such accidents frequently from the apparent cause of the last leak
(holes left by the decay of a bolt and some large spikes which
fasten'd on the skirting board under the wales) which gave way
by the working of the ship, I shall request permission from
Captain Phillip on my arrival at Port Jackson to lighten and To be
examine the ship as far as I can below the water, for I find by
the v.-arrant ofiicers, who have been many years in the Sirius, that
the copper has not been taken off her bottom since she was first
employed as an arnid store-ship,* which is now between eiglit and
nine years.

I have been able since my arrival in this bay, as will appear by Recmiiii-.g.
the state and condition of the ship enclosed, to compleat the
slap's company Avith British subjects, who, I am sorry to say, are
in great numbers here, almost every foreign ship which arrives
liaving some on l)oar(l. The Supply, arm'd tender, being short of
complement when I sailed, I have taken on board a certain
number to compleat her ; but I must beg leave to trouble their
Lordships with an account of certain difficulties which attend the
management of this business by taking his Majesty's subjects English
out of foreign sliips here, wliere there is no consul to settle such f°,^f'"re"„n
matters. In conse(juence of a letter I received from a number of siiips.
English seamen serving in a Dutch East India shij^, requesting
that they might be taken under the protection of his Majesty's
flag, I made application to the Governor for the men. After some

' She was then called the Berwi'k. Ante, p. 24.

228

HISTORICAL RECORDS OF NEW SOUTH WALES.

Wages
unpaid.

1'''89 time and farther application from me, the men were sent to
18 Feb. prison and treated rather harshly, at which I expressed my
surprise, and sent an officer to demand their release. The men
were liberated and brought on board, but as they had wages due
to a considerable amount, I also made application for that, but
was told it could not be paid. How far it is recoverable I confess
myself ignorant, for they have not given security to the people.
This difficulty in recovering wages will, when generally known
amongst seamen, be a means probably of disposing them rather
to remain in the foreign ships than to offer themselves to his
Majesty's with the certainty of loosing all the pay which may be
due to them ; and altho' the commanders of King's ships can
demand British subjects from a foreign service, yet when it is
against the consent of the men themselves, they fly to tlie
Subterfuge, subterfuge of calling themselves Americans, which I find is very
common, and it is very difficult to detect such an imposition.

I am, <kc.,
Jxo. Hunter.

Governor Phillip to Under Secretary Nepean.

20 Feb.

Official
complica-
tions.

Sir,

Major Ross
and the
Judge-
Advocate.

Sydney Cove, February 20th, 1789.
The present situation of this colony renders it necessary
to state the following pai'ticulars, and which you will please to
communicate to the Right Hon'ble the Lord Sydney.

When on the death of Captain Shea, who died the 2nd of Feb.,
1789, Major Ross, as commandant of the detachment, came to
inform me of that event, I observed to him that First Lieut.
George Johnston, then doing duty as my Adjutant of Orders
(and who was then present), would of course succeed to the capt.-
lieutcy. whicli then became vacant, as being the oldest first
lieutenant in the detachment, and that I should in future do with-
out an adjutant, as there were so few officers. No direct answer
was given by Major Ross, who left me, and sending for the
Judge- Advocate offered him the company vacant by the death
of Capt. Shea, telling him he was directed so to do by Lord
Howe, and that if he accepted the comy. he was to give up the
appointment of Judge- Advocate to the detachment. This offer
being declined, any interference on my part was unnecessary ;
but as a circumstance of this kind may happen in future, I beg
leave to observe that if the Judge- Advocate had accepted of the
company he must have given up the appointment of Judge-
Advocate to the settlement, for he could not possibly have
attended to that chai-ge, siipposing he had always remain'd at
head-quarters, but which could not have been the case, for the
captains relieve each other every three months at Rose Hill ;
therefore, if officers who may be sent out in civil employs are at
liberty to resign the place they hold when any vacancy happens

SJR JOSEPH BANKS. 229

in the detachment, the colony, in its present situation, may lose an 1789
otticer who is immediately necessary, and who, as in the present 20 Feb.
instance, cannot be replaced ; nor is there any officer in this
settlement so absolutely necessary as the Judge- Advocate, who
likewise acts as a Justice of Peace, and which employs a very
considerable part of his tune.

When this circumstance is laid before Lord Sydney, I doubt The civu
not but his Lordship will see that the civil Government of this vursu"tife"
colony may be very materially atlected by directions of such a military.
nature being given to the commandant of the detachment, and by
him carried into execution without the knowledge or consent of
the Governor, and which I presume never was intended by Lord
Howe. The tirst information I received of any such offer being
intended was from the Judge- Advocate's saying that he would
not accept the offer.

I was the next day told by Major Ross that he intended to The Go-
give commissions to the officers he promoted in consequence of MajoTRoss.
Captn. Shea's death, and some days afterwards he came to ask me
if his giving his son a commission as a second lieutenant would
meet with my approbation. As Major Ross had not even at that
time mentioned his having offer'd the company to the Judge-
Advocate, or made any reference to me respecting the filling up
the vacancys, I desired he would excuse me from giving any
approbation to that appointment in particular.

Captain Lieut. Meredith as succeeding to the vacant company, New-
First Lieut. Geo. Johnston succeeding him as capt. -lieutenant.
Second Lieut. R. Clark succeeding to the first lieutcy., and
A. J. Ross (who appears in the returns as a volunteer doing duty
without pay) as being appointed a second lieutenant in the
detachment, were afterwards presented to me as such by their
commandant. I have, &c.,

A. Phillip.

Memorandum by Sir Joseph Banks (Banks Papers).
The following memorandum, written upon a small piece of paper,
has been found in the Brabourne Collection. The handwriting
is that of Sir Joseph Banks : —

Feb. 1789.
I could not take office and do my duty to . the colony. My gjr Joseph
successor would naturally oppose my wishes. I prefer, therefore, ^^g^^^^^g
to be friendly with both sides.

commis-
sions.

Sir Joseph Banks to Under Secretary Nepkan.
Sir, London, 27th April, 1789. 27Ap.-U.

Concluding that it will be thought a desirable Ol)ject to
bring home for His Majestie's botaiuc garden at Kew some of
the many beautifull and usefull Plants with which the Country

230

HISTORICAL EECOEDS OF NEW SOUTH WALES.

1789

27 April.

The

Guardian's

lialnt-cabin.

29 April.

Provisions
for Port
Jackson.

Ship to be
fitted out.

Wine and
live stock to
)ye boujrht.

Artificers
to be sent.

in the neighborhood of Jackson's Bay is known to abound, 1
beg leave to suggest to you, sir, that if the tafterell of the ship
Guardian be fitted for the reception of Pots, in the same manner
as was done in the case of the bounty, and one Line along the
sides of the Great Cabbin, she will be able, without any incon-
venience to the officers, to bring home a great number.

If this plan is approv'd,* I shall be happy to pay all the atten-
tion in my power to the Execution of it, which, as the Bounty has
been so lately fitted, cannot be a matter of the least difficulty.

I have, &c.,
— Jos. Banks.

Lord Sydney to The Lords of The Admiralty.

My Lords, Whitehall, 29th April, 1789.

The letters which have been received from Captain Phillip,
Governor of New South Wales, representing that a great part of
the provisions sent out with him to the settlement lately madi'
upon that coast had been expended, and that there is an imme-
diate occasion for a further supply, together with certain articles
of clothing, tools, and implements for agriculture, medicines, (tc,
for the use of the convicts now at that place, his Majesty has
given orders that one of his ships of war of tw(^) decks, with only
her upper tier of guns, shall forthAvith be got ready to carry out
the said provisions and stores.!

I inclose to your Lordships hereA\'ith estimates Nos. 1, 2, 3, 4,
and 5 1 of the several articles which are supposed to be indis-
pensably necessary on the present occasion ; and I am commanded
to signify to your Lordships his Majesty's pleasure that you do
give orders that the same may be provided and he pvit on board
of such ships as the Lords Commissioners of the Admiralty may
appoint for the execution of that service.

I am also to acquaint your Lordships that the Lords Commis-
sioners of the Admiralty have been directed to instruct the officer
commanding the above-mentioned ship to call at Teneriffe, and
purchase twenty pipes of wine, and also, in case he should touch
at Rio de Janeiro or the Cape of Good Hope, to take on board as
many black cattle or other live stock as he can conveniently
accommodate, for the amount of which he is directed to draw bills
upon your Lordships, which bills it is his Majesty's pleasure you
do discharge whenever they appear, provided they are accom-
panied by proper vouchers and certificates that the articles pur-
chased shall have been obtained upon moderate terms.

As there are at present but very few artificers and famiers
amongst the convicts now in New South Wales, his Majesty has
thought it adviseable that twenty-five of those confined in the

* The proposal was carried out in a modified form. Post, p]i. 247-249.

t The Guardian was chosen, and placed under the commanil of Lieutenant Riou.

I These enclosures are not recorded.

PROVIDIXG FOR IIIE SETTLEMENT. 231

hulks in the river wlio ure likely to be the most useful should be 1789
sent out in the ship inteiuled to convey the pr<jvisions and stores, 29 April,
and that about eight or ten persons should also be engaged and
take their passage in the said shiji, to be emj)loyed as ovei'seeis of
the convicts. These measures, I must inform your Lordshi])s,
have been strongly recommended by Captain Philli]!, particularly
the latter, from his having found by experience that the c(jnvicts
placed as overseers have not been able to enforce their orders and
carry that connnand which persons in a different situation would
be likely to do. His Majesty has, therefore, directed me to
endeavour to engage the above-mentioned number of overseers, overseers,
and to desire that your Lordships will make provision for their
Scxlaries (which will not exceed forty pounds per annum each), as
well as for reimbursing the Naval Department for the expences
of their victualling, and that of the twenty-five convicts before
mentioned, during their passage out.

I understand from Mr. Richards, the contractor for the con-
victs on board the Lady Juliana, that after the supplies necessary
for the voyage are put on board there will still be room for any
article of provisions or stores which may he wanting in New
South Wales. His Majesty has, therefore, commanded me to
signify to your Lordships his farther pleasure that you do order
a proportion of clothing, tools, instruments, medicines, ifcc, equal Clothing-,
to one-fourth of the quantity proposed to be sent out in the ship instmments,
of war to be put on board the Lady Juliana, and, in addition medicines,
thereto, as many provisions as she can conveniently stow. The
Lady Juliana, in case she should touch at Rio de Janeiro or the
Cape, ought also to take on board any live stock which can with- ^^.g g^^^.^^
out inconvenience he accommodated for the supply of the
settlement. It will, tlierefore, be necessary that your Lordshijis
should cause the superintendent or the master of that ship to be
furnished with j) roper instructions in that respect previously to
her sailing, which I hope and expect will shortly take place.

I am, ttc,

Sydney.

P.S. — I inclose to your Lordships an account of the several
articles which Governor Phillip informs me he has authorized
Ca2)tain Hunter to purchase at the Cape of Good Hope, wliicli of purchases ai
course will occasion a reduction of the supplies (particularly of ^'^o Cape,
the surgeon's necessaries) to be sent out from hence in the ship
now under dispatch.

Secretary Stephens to the Under Secretary of The

Treasury.
Sir, _ Admiralty, 12th May, 1789. ^'^^'^y-

Having communicated to my Lords Comm'rs of the Adm'ty
your letter of the 27th ulto., signifying the desire of the Board of

232 HISTORICAL RECORDS OF NEW SOUTH WALES.

1789 Treasury that their Lordships would recommend a lieutenant of

12 May. the Navy proper to proceed as a superintendant on board the Lady

SupeTinten- Juliana, transport, going with convicts to New South Wales,

dent. under such regulations as it may be thought expedient to adopt,

I am commanded by their Lordships to recommend Lt. Saml.

Edwd. Marshall as a proper person for such employment.

I am. Arc,
P.S.

Opinion of Sir Joseph Banks. (Banks Papers.)

14 May. May 14, 1789.

As the scurvy with which the settlers in New South Wales were
afflicted during the first winter of their residence there disappeared
entirely on the first approach of the spring, as their supply of
culinary vegetables must be on the increase, and they must by
Remedy for degrees learn more and more the use of those which are found
scurvy. -virild in the country, and as the later returns do not mention the
scurvy as a disease with which they are at all afflicted, I am of
opinion that it will be useless to send out essence of malt to them
as a medicine.*

Sir George Yonge to The Treasury.
20May. gi^^ "^.0., 20th May, 1789.

The King, intending that the detachment now serving in
New South Wales should be relieved and brought to England,
has thought it advisable, instead of replacing them with another

New South ^ detachment from that corps, that a corps of infantry should be
forthwith raised for that particular service, to consist of four
comp's, each of 1 capt., 1 I't, 1 ensign, 3 serg'ts, 3 corp'ls, 2 drum-
m'rs, and 67 private men, with the usual stafi' ofF'rs ; and to be

A major commanded by a major having a comp'y. I am to acq't 3'ou

mamiant. therewith for the information of the Lords Com'i-s of H.M.'s
Treasury, and that it is H.M.'s P. [pleasure] that the said corps
should be placed upon the establishment from the 24th inst.

Charges. I enclose for their L'd'ps' information an estimate of the charge

for the said corps for 365 days, as also a state of the subsistence
p. d'm.

Recruitinff- H.M. is also pleased to direct that the major and capt'ns shall
each raise their own comp's, receiving for each approved recruit
the sum of three guineas, by which arrangement the charge of
raising 300 men (including the serg'ts, corp'ls, and drum'rs) will
amount to £945. I am, tkc,

Geo. Yonge.

* In Sir Joseph Banks's handwriting, and endorsed by him :— " Opinion given Maj' 13, on
the subject of sending essence of malt to Jackson's Cove."

money.

SUGGESTIONS FROM "

■TV.

EALEIGII."

233

[Enclosure.

.]

1789

Estimate of the charge of a corps

of foot

consisting <

Df four

20 Slay.

companies, for service in Ki

e\v South Wales

) .~~~

-

Estimate of

£

8.

d.

chaige.

1 major conimandant and captain

. . •

... 293

10

7i

3 captains — £171 7s. Id.

... 514

I

3

4 lieutenants— £79 19s. -td. ...

... 319

17

4

4 ensigns— £62 16s. 7id.

... 251

6

5

1 chaplain

... 114

4

8i

1 adjutant

... 68

10

10

1 quartenuaster...

... 79

19

4

1 surgeon

... 68

10

10

1 surgeon's mate

... 59

19

5i

12 Serjeants — £18 5s.

... 219

0

0

12 corporals— £12 3s. 4d.

... 146

0

0

8 drummers — £12 3s. 4d.

... 97

6

8

268 privates— £9 2s. 6d

...2,445

10

0

£4,677

17

6

Clotliing

... 800

0

U

Agency

... 87

5

5

4 captains — each £47 7s. 6d. ...

£189

10

0

Allowances to paymaster

120

0

0

Surgeon

120

0

0

4'>Q

10

0

£6,054

13

Of

"W. Raleigh"* to Under Secretary Nepean.
Sir, Edinburgh, May 23rd, 1789. ^SMaj.

It is much to the credit of those in office that an empire has a new
been founded in the south, which time will render much superior ''"^p'''^-
to that which their predecessors have lost in the west. It is the
duty of every good citizen to give the new colony every assistance
his pen or his purse can afford. The following suggestions have
flowed from the best motives, and I hope they will be received Suggestions.
■with candour. In looking back to the tottering foundation of the
colonies of Virginia and New England, I find the first settlers
were much more unfortunate than the founders of the present
settlement in New Holland. Indeed, the latter have been in every
respect successful, a few attempts in husbandry excepted. To give
the colony immediate consistency, it is humbly recommended that
the following mode of culture be adopted.

That the land as soon as cleared be prepared for sowing ; that Directions
oats or barley be sown in September or October ; that wheat be tlon.
never attempted except in the very best land ; the second year
the land be laid down in a green crop, consisting of field-pease
or turnips ; l)oth these will ameliorate the soil, while the former
will be found an excellent succedaneum for hay, and the latter

* This letter, as the last paraffrapli shows, is anonymous. " W. Raleigh" |? Walter
Raleigh] is a nom de plume. The writer (>ronii><cd to send further communications, but
nothing more on the subject has been found in the Records.

234

1789
23 May.

Crops.

Native
grasses.

Ploughing-.

An inland
settlement.

Flax
and hemp.

Hushand-
men.

Cheap live
6XK;k.

HISTORICAL RECORDS OF NEW SOUTH AVALES.

afiord good pasture for sheep and black cattle. Sheep will never
fail where the turnip is cultivated, and it cannot be cultivated
with gi'eater success than in Xew Holland. The third year
it is proposed that it should be sown again, with barley or
bean, and laid down in clover, rye grass, lucerne, or any other
European grass. The land in the vicinity of Port Jackson would
in this manner afford sufficient pasture in a short time for any
live stock it might be supplied with, while the turnips, the
peas, and the other intermediate steps of the proposed mode of
culture would afford present security. The grass in an uncleared
country we cannot expect to give proper nourishment to sheep
or cattle. When C*sar landed in Britain he would have found
the country execrable for farming had he made the experament.
It may be proper to observe, however, that 'till better grass can
be procured, by frequent cuttings with the scythe, that the
natural grass may be much improved and thickened where the
ground will admit of it. To prepare the best land for wheat, it
should be ploughed frequently (for the plough must not be excluded
from New South Wales, if provisions for the colony be expected
to grow there), manured with the algamarina or sea weed for a
whole summer, and sown with wheat in March.

Dampier mentions several heaths in New Holland ; if they can
be discovered they'll afford good present feeding for sheep ; if
they cannot, perhaps a detachment settled at the foot of the
hills, about sixty miles inland from Port Jackson, might be
benilicially employed in rearing and feeding sheep, while the
situation might lead to discoveries of moi'e value than we are
aware of. At that distant situation from the shore they would
not be molested by the natives, who, living on fish, range chiefly
along the coast. The cattle should be guarded from straying by
fences of good strong paling, and the sheep on all occasions well
herded. The seeds of all the kinds of European grass might be
sent with the next sailing fleet, and no article can be of greater
use. Flax seed and hemp seed might be also sent, and might in
time clothe and employ the new settlers.

Perhaps it might not be amiss to engage two or three young men
for a few years, and send them, if found well versed in the secret of
agi'iculture, to direct or superintend the rural labours of the colony,
to husband the land, and improve their stock. Their stock might
be much better increased from Lima and other ports on the western
coast of South America than from the Cape of Good Hope. It
might be had cheaper from the Spaniards, and if permission be
obtained from them to pay in European goods for as much live stock
as would supply the new colony the saving would be immense.
The distance is not much greater, and it is much better sailing
in the Pacific Ocean than in the tempestuous clunate of the Cape.
Strict orders should be given, however, not to attempt carrying

I

^

SUGGESTIONS FROM " W. R.VLEIGH." 235

any women to Botany Bay from islands in the South Sea ; it would 1789
be inevitiibly attended with the most pernicious consequences. 23 May.

To guard the settlement eliectually against the ferocious in- ij^f^^
cui-sions of the natives, the following remedy is humbly recom- against
mended : That a regiment consisting of six hundred men be
immediately transported thither; that two hundred of them be
stati(-)ned at Botany Bay, two hundred at Cape Banks or any
other convenient station to the northward, and a third division
of ecjual force be posted on some favourable spot at the distance
of fifteen miles inland, dii-ectly westward of Port Jackson. This
would leave a wide field for the enterprise and industry of the
colonists, consisting of an area of almost twenty miles square, Adeai-fieW.
where they might pursue their labours in perfect serenity,
without being harrassed by their own fears or by the insidious
attempts of their ferocious neighbours. To add to the civilized
population of the country, as well as to the happiness and comfort
of the troops, every soldier should be allowed and even encouraged soidieis'
to take with him his wdfe and family. By the best disciplined f^^'^i^'es-
forces the lines are never so well manned when they have nothing
at stake which they hold dear to them.

.Safe in their cares th' auxiliar forces sleep,
\\'hose wives and infants, from tlie dangers far,
Discharge their souls of half the care of war.

The troops should not be relieved in less than seven years. In a seven
that time a considerable saving might be made in clothing, &c., ^''
iiearly ecjual to the expence of transportation. A canvass frock
and blackstock would form the best uniform for the climate, and
a part of this by proper management they and their wives might
manufacture. I need not eidarge on the benefit of stationing a
large body of troops in New South Wales. Should any disturbance a strong
(which God forbid) happen in the East Indies, they might be trans- S''i'"'"'*°"-
ported thither before our enemies in Europe knew anything of the
matter: but reinforcements fi-om Europe are of little avail, their
immber becomes known to our rivals, and they despatch troo])s
equal or superior in number to them. New Holland is a good blind,
then, when we want to add to the military strength of India.

These are the first effusions of a series of economical remarks a modest
on the subject which you will receive in time. I have taken this ''"^^'''*'^''-
method because I wish to be unknown. I have no motive but
the public good. No person, not even yourself, shall ever know
whence this proceeds, and I give my honor not a hint of it shall
ever transpire. I am, &c.,

W. Raleigh.

Six'KETARY Stephens to Uxdek Secretary of the Theasurv.
Sir, Admiralty, 2Gth May, 1789. 23May.

Lieut. Sanil. Edwd. Marshall having requested to decline Superin-
the ajjpointment of superintendant to the Lady Juliana, trans- 1';"^*^^"*-

236

HISTORICAL RECORDS OY NEW SOUTH WALES.

5 June.

The officers
and the
criminal
court.

Campbell
refuses to
sit.

1789 port, going witli convicts to New South Wales, I am commanded
26 May. ^J mj Lords Comm'rs of the Adm'ty to acquaint you therewitli,
and that Lt. Thos. Edgar is a very proper person to be employed
in his stead. I am, ifec,

RS.

Governor Phillip to Lord Sydney.

My Lord, Sydney Cove, Port Jackson, 5th June, 1789.

I am sorry to be under the disagreeable necessity of
troubling your Lordship with the enclosed papers.

The letters Nos. 1,* 2,t and 3| I received from the Judge- Advo-
cate the 26th of April, and Major Ross the next morning brought
on three letters, which he desired I would read. Two of those letters
were copys of Nos. 2 and 3 ; the third letter was from Captain Camp-
bell to Major Ross,§ as commandant of the detachment. It stated
that as he had always understood there was no power in Major
Ross to compel the officers to sit as members of the criminal court
contrary to their own inclination, he desired that his name might
not in future appear in the orderly-book as a member of that court.

After having pointed out the authority by which the criminal
court was established, how much it was the officers' duty to sit as
members of that court when called on, and the obvious necessity
of it, I informed Major Ross, as I had done the day I first heard
of the busyness, that the Judge- Advocate had declared in the
most solemn manner that he never had intended any oli'ence to
Captain Campbell by his letter ; and as 1 saw no reason for that
officer's refusing what was most undoubtedly a part of his duty,
I desired that he would think seriously of the consequences. The
precept for assembling a criminal court was ready to be issued
as soon as the names of the officers were inserted who were
next for that duty, imd if Captain Campbell should persevere in
refusing that duty I desired to have his reasons in writing.
Major Ross soon after brought me a letter, of which No. 4 is a
copy, 1 1 and as he told me Captain Campbell was fixed in his
opinion that the sitting as a member of the criminal court was
no part of his duty, and which he therefore declined, I desired
that the officer next on the roster for that service might be named
Ross's view_ in his room ; but Major Ross said that he did not see how that
could be done, as he believed that I should find the officers in
general of opinion that the sitting as members of the criminal
court was not a duty to which they were obliged to submit, but
a service in which they had volunteered it, and added " that he
knew of no articles of war to compel them."

I had been given to understand, soon after the commission for
establishing the crimmal court had been read, that the officers
thought it a very disagreeable duty, and that it was looked on as
a hardship by some ; but 1 never had supposed officers thought it
a service which they were at liberty to decline at their pleasure,

*Post, p. 240. t Post, p. 241. } Post, p. 241. § Post, p. 242. || Post, p. 242.

A breach of
duty.

THE OFFICERS AND THE COURTS. 237

and I observed to Mcajor Ross that I could hardly believe it ^''^^
possible that such an opinion was general, but which would be 5 June.
known, as the precept for assembling the court shoukl be issued. ^ disajciee-
At the same time, being desirous to restore tranquillity, if pos- '^^^^ «i"'y-
sible, 1 consented to the demand then made by Major lloss that
a court of inquiry might be ordered to give an opinion on the Judge- Court of
Advocate's letter before the precept was issued, and after having pio"ounce
pointed out the consequences that must follow the officers refusing °"*^®
what was so necessary a part of their duty, and being declared Advocate's
such by an Act of Parliament, required no articles of war or letter.
particular instructions to the commandant of the detachment, I
assured him that while there were ten men in ye detacliment
officers should not be wanting to form a criminal court.

A reference to the officers who had composed the court at
which the woman in question had been a witness was afterwards
proposed, but those officers desired to decline any interference ;
and the court of inquuy, when assembled, declared, as appears in
their report No. 5,* that they did not think themselves to be
competent to give an opinion on a private dispute, which appeared ^.P°^'?*
to them to involve in itself a point of law.

It may be necessary to inform your Lordship of the manner of Constitution
assembling the criminal courts. Those assembled on our first courts,
landing were composed of the senior officers of the detachment
and of the Navy, the first court being given out in general orders,
after which a roster was kept for that service by the adjutant of
the detachment ; and when it was necessary to assemble a court the
Judge- Advocate sent to the adjutant for the names of the officers
next for that duty, whose names being inserted, and the precept
signed and sealed by me, is then shewn to the different officers who
are to compose the court, Vjy the provost-martial, and which is always
done one or two days before the court is to meet, the battalion
orders of the day pointing out the officers of the detachment who
are for that duty.f

Since landing fifteen criminal courts have been assembled, and
on any particular occasion, as when the six marines were tried for
robbing the stores, the senior officers in the detachment composed ^^j!°j!'^
the court.

The court of inquiry which was ordered to meet on the Judge- Findinsof
Advocate's letter, having reported that they did not think them- fiKiuiry.
selves competent to judge on the matter laid before them, that court
was dissolved, and Major Ross came to inform me that Captain
Campbell would protest against the report, which he said was a par-
tial report, in stating that the matter before them was of a private

* Post, p. 243.

t Tn a despatch to the Admiralty of the same date, Phillip says: "The senior otlicers
of the Navy have always been called on wlien in the harhour." As tlie despatch, with this
exception, is identical with the one sent to Lord Sydney, it is nut published with the
Records.

238

HISTOmCAL RECOrvDS OF NEW SOUTH WALES.

1789
5 June

OfBcei-3

justify

themseh'es.

Conse-
quences of
refasal to
sit.

Officers
recognise
their duty

A volunteer
member of
the court.

Phillip
accused of
oppression.

nature, and desired that the request made by the members of that
court for copies of the letters hxid before them might not be granted.

Captain Campbell afterwards declined making any protest
against the proceedings of the court of inquiry, and copies of the
letters wliich they thought necessary, in order to justify their
proceedings to the Admiralty, were given them.

The adjutant of the detachment had my orders to give the
Judge- Advocate, as usual, the names of the officers who were next
for the duty of the criminal court, as soon as the court of inquiry
had made their report, but he then came to inform me that Major
Ross did not choose to let him give the names of the officers at the
Judge-Advocate's request, and desired that it might appear in
general orders, or that a verbal message might be sent him from
me. The message was sent, and in the names given to the Judge-
Advocate, Capt. Campbell's appear'd, and he sat the next day as
a member of the criminal court. I had sent for several of the
officers before the court met, in order to point out to them the
consequences which would follow their refusal of so essential a part
of their duty, and the officers I saw on that occasion assured me
that they had never doubted its being a part of their duty, after
they heard the Act of Parliament and the commission read, which
established that court, but Major Ross, afterwards, on the 6th of
May, telling me that he was still of opinion that many of the
officers did not think the sitting as members of the Criminal Court
any part of their duty, I desired that Major Ross would assemble
the officers, that their separate opinions might be taken on that
head. By the report No. G,* which is inclosed, it appears that
all the officers thought i1 a part of their duty, and Capt. -Lieut.
Merridith and Lieut. Timmins, then absent from head-quarters,
have since declared the same.

As no legal inquiry into the conduct of any officers can be
made here, and Capt. Campbell was the only officer that could be
called on to sit as a member of the criminal court who did not
think it a part of his duty, I judged it best, for the quiet of the
settlement, to let him sit as a volunteer when his name was
returned, and here I hoped that affair would have rested for the
present, for tho' officers had, Avhen I sent for them to point out to
them the necessity of obeying the precept, mentioned their com-
mandant's having heard their opinions, I did not choose to ask
any questions as to what might have passed between them and
their commandant ; bvit being some time after informed that the
officers had been assembled, and the Governor's conduct in
calling on Captain Campbell to sit as a member of the criminal
court had been stated to them by Major Ross as oppressive, and
that endeavours had been used to induce them to join in Captain
Camp])eirs opinion that the criminal court was not a part of
their duty, 1 then thought it necessary to inquire what grounds

Post, p. 244.

THE OFFICERS ANT) Tl.Mi COURTS. 239

there were fur such a report, and the first officer I spoke to on ^®^
that subject, doulitinif of the pi-opriety of saying what pass'd at a 5 J^'"*-'.
meeting to wliioh the otticers had been call'd l)y their com-
mandant, I dii'ected tlie Judge- Advocate to send for some of the
senior officers then in quarters, and to ask them the necessary The officers
questions ; and the adjutant, who liad assemljled the officers and ^^'^^ '°"^
attended the meeting, was afterwards sent for. By the answers
given by those five officers it ai^jDcars that all the officers at head-
(juartors were call'd together on tlie 27th of April, after Major
I loss had brought me Cajit. Campljell's refusal to attend the duty
of the cl. court, and that the tenor of Major Ross's discourse Ross's
appear'd calculated to induce them to join Capt. Campbell in and"op?nion
declining the duty of the criminal courts, saying that he had told
the Governor that both he and the officers at large considered
that service as what they had volunteer'd, not as a duty ; that
the Governor's conduct in calling on Capt. Campbell or on officers
for that service was oppressive, and that he thought it hard
officers should be obliged to sit as members of the criminal court,
and oppressive to the highest degree.

The consequences which must have followed had the officers in unsettled *^^
general been of that opinion will be obvious to your Lordship ;
but as no legal inquiry could be made respecting the conduct of
the officer to whom, as the Lieutenant-Governor and commandant
of the detachment, I was naturally to look for support, and from
whom the situation of this colony at the time call'd for an address
of a very difTerent nature, I did not think it proper to direct any
more officers to be sent for on that subject, unless Major Ross
should desire it, when the officers informed him they had been
examined respecting that meeting, and which they did as soon as
they left the Judge-Advocate ; and being asked what questions
had been put to them, they desired to refer him to the Governor
for the questions and their answers; but Major Ross has never
mentioned that lousiness to me, and I have therefore thought it
best to let it rest in its present state.

The answers given by the officers, and to which they sign'd
their names, are inclosed. No. 7*; and I have now, my Lord, only to
rej)eat my regret at being obliged to lay a business of this kind
l)efore your Lordship, but which the service and the situation of
this colony renders unavoidable ; and as the discontents in the f^fficcrsdis

111-11 1 !• c contented.

<letaclnnent, whicli liave been represented in my former letters,
still continue, and into which I have not authority to make a legal
inquiry, I can only inform your Lorxlship that those discontents,
whicli have existed from the time this detachment landed, still
continue.! I have, (tc, A. Phillip.

* Post, p. 245.
t Lord Gronville, who had succeeded Lord Sydney at the Homo Office when this despatch
reached EM},'laiid, referred to the law ollicors of the Crown the question as to wliether the
marine officers could lawfully refuse to sit as niendiers of the criminal court. The opinion
!,'iven was that the officers were hound to act if called upon. Post, pp. 402--JG3

240

HISTORICAL EECOEDS OF NEW SOUTH WALES.

1789

25 Api-n.

Charge of
robbery.

An untruth-
ful witness.

Not

sufficient
ground for
indictment.

Captain

Campbell'!

anger.

Collins and
Campbell.

[Enclosure No. 1.]
Judge-Advocate Collins to Governor Phillip.

Sir, Sydney Cove, 25th April, 1789.

Having this day received a message from Captain Campbell
respecting Mary Turner, one of the evidences on the late trial of
the soldiers for robbing the store-house, I beg leave to lay before
your Excellency the following particulars of that affair.

It appearing to the members of the court, as well as to myself,
on the examination of the said Mary Turner, that she had not
sworn the truth in giving her testimony, on her being told to with-
draw, the provost-martial was ordered to detain and keep her
apart from the other witnesses. The conviction and condemnation
of the six prisoners very shortly followed, and the court was
dissolved.

On maturely weighing and considering the whole of Mary
Turner's deposition, and comparing it with those of the other wit-
nesses, since the trial, I was of opinion there was not sufficient proof
to affect [convict ?] her on an indictment for perjury • and as I have
always wished to avoid lightly grounding a prosecution against the
convicts, from the bad effect it might have, in pointing out to them
how far they might offend, if they could but withhold sufficient
proof, I had dropped for the present any thoughts of calling on
Mary Turner for trial. Neither have I at any time, since then,
heard it was the opinion or wish of any member of that court to
bring her to trial, until this morning, when I was informed by
the provost-martial that Captain Campbell, one of the members
of the late court, had inquired of him if she was in his custody,
and expressed some surprize and anger on being told she was
not. As to this latter circumstance, I must observe to your
Excellency, that, having no place of confinement or custody for
female offenders, they have been always suffered to go at large
until wanted for trial.

In consequence of the above message, I wrote to Captain Camp-
bell a letter, wherein I informed him that " I did not think
myself there was proof sufficient to bring her to trial, either for
perjury or as an accessary ; but, nevertheless, if he was of a
different opinion, and would let me know what charge should be
exhibited, it should be done " — for as I did not myself know of
any proof sufficient to establish a charge against her, I was not
certain but Captain Campbell might be informed of some that I
was not acquainted with. I beg leave to trouble your Excellency
with a copy of my letter, and of Captain Campbell's reply, which
I received this afternoon ; and have now only to add, that though
I think the conviction of her being guilty of perjury may be clear
in the breast and opinion of every individual of the last court,
yet still there is not sufficient proof of it to convict her in the eye

THE OFFICERS AND THE COURTS. 241

of the law ; nevertheless, as Captain Campbell considers her as a 1789
prisoner by order of the late court, and thinks she ought to be 25 Ainii.
delivered by a due course of law, I propose to bring her before The wiuiess
the court that is to assemble in the next week, and try her on a to i^e tried.
charge of wilful and corrupt perjui'y at the late trial.

I have, (fee,

David Collins.
[Enclosure No. 2.]

Judge-Advocate Collins to Captain Campbell.

Sir, Sydney Cove, 25th April, 1789.

I understand l)y the provost-martial, who has just been
with me, that you imagined Mary Turner was in custody ; I have Mary
to acquaint you that Mary Turner is forthcoming at any time '^"''^'•
she may be wanted, but that I myself have at present no thoughts
of calling on her, as I do not think, on mature consideration,
there would be sutHcient proof to affect [convict?] her either as an
accessary in the late business or for perjury at the trial. How-
ever, if you ai^e of a different opinion, and wish to have her tried,
she may be brought before the criminal court that is to assemble
on Tuesday or Wednesday next ; in such case I should wish to
have timely notice of the charge to be exhibited against her, and Notice of
what witnesses are to be called to support it, that the necessary charge,
steps may be taken. I have, &c.,

David Collins.
[Enclosure No. 3.]

Captain Campbell to Judge-Advocate Collins.'
Sir, Sydney Cove, 25th April, 1789.

In answer to your letter of this day I have to say that
I perfectly well remember, at the last criminal court held in this
island, when Mary Turner was ordered to withdraw from the court
she was by yourself ordered into the custody of the provost. I do Arrest
not by this mean to say that it was entirely an act of your own, ordered,
for myself among others desired it might be so, as we then apjjeared
to be unanimously of opinion that she was a very proper object to
make an example of.

When the provost informed you this morning of my having
desired him to speak to you about the woman he should have
likewise informed y(ju that I had innnediately after the above was
dissolved, and on my seeing the woman at liberty, desired him to
make my compliments to you, and to know from you whether he „„ ,
had not misunderstood the orders you gave him in court — to take the order
her into his custody, as I had myself been one of the members "*° '^^'^^ '
who desired it — nor could I till this morning possibly account for
not having been acquainted with your opinion.

Having this morning by accident heard that a criminal court
Would be assembled the beginning of next week, I judged it a \

B

242

HISTORICAL RECORDS 0"P NEW SOUTH WALES.

1789

25 April,
Negflect.

The Judge-
Advocate
attacked.

Advice.

discharge of a part of my duty to the publick to know what was
to be done with Mary Turner, sensible that no power on this
island could liberate her till she had undergone a trial.

I therefore sent for the provost, who, to my great surprise,
had the assurance to tell me that he never delivered my message
to you, upon which I ordered him to go and do it without loss
of time.

Now, sir, you have the cause of your being troubled with any
message from me this morning. How far such a message might
authorize you to call upon me as a prosecutor I know not, nor
shall I at present comment ujDon it. One point you have certainly
gained by it, that you have effectually precluded Captain Campbell
from sitting as a member of any criminal court that it may be
necessary to assemble here, and of Avhich you are a part.

As this business may undergo future investigation I beg leave
to recommend it to you to keep copies of such letters as you
may choose to write upon the occasion, as I assure you I shall of
mine. I at the same time think it proper to inform you that
this is the only letter you will receive vipon this subject from

Sir, (fee,

James Campbell.
[Enclosvu'e Xo. 4.]

Captain Campbell to Major Ross.

Sir, Syclney Cove, 27th April, 1789.

As I have always understood that you are not in possession
of any power to compel the officers of the detachment under your
command to sit as members of the criminal court established in
this colony contrary to their own inclinations, I have to request
that you will please to direct the adjutant so as that my name
may not for the future appear in your orderly book as a member
of that court, as I shall be extremely concerned to be recU^ced to
the very disagreeable necessity of objecting to any order of yours,
or any other my superior in command.

I am sensible it may be said of me that I have hitherto
volunteered or acquiesced in being in my turn a member of that
court, from my being likewise sensible that in the present situation
of this colony such power could not, with any degree of propriety,
be vested in any othei- hands l)ut that of the Navy and Army. I
have farther to say that I would still continue the same line of
conduct did I think it consistent with either my character as a
gentleman or my feelings as a man.

You were yourself an ear-witness of the message sent by me

by the provost to the Judge- Advocate on the 25th instant, to

which message I very soon after received the inclosed (in my

An insulting opinion) most insulting letter.* I had ever been taught to under-

* Ante, p. 241.

27 April.

Criminal
court.

Refusal

to sit

Reasons.

THE OFFICERS AND THE COURTS. 243

stand that the person officiating in his character at such courts l''^^
was tlip j^erson to carry on the prosecution. How far, or even ^TAinil.
how it was possible for hiiu to construe my message into a beHef
that I was become the prosecutor, I know not, nor can I possibly Not a
imagine why he should call upon me individuaUy for that purpose, prosecutor.
as in his letter he certainly does, unless that he had some reason
to suppose me of a more sanguinary and persecuting spirit than
any other member of the court who wished the woman to be
taken into custody for her having (evidently to all then prese.it)
perjured herself. The consequence of not using every possible
means to prevent so dangerous a crime from getting to a head A dangerous
among the present inhabitants of this colony is too obvious to '^'""*^'
require any farther remarks upon it, and I am convinced that the
wish of exerting every means in their power to prevent it Avas
the motive of that court for desiring the woman to be taken into
custody.

With the Judge- Advocate's letter I take the liberty of inclosing Appeal to
for your perusal the copy of my answer to him, with the humble ^'^'i^'P-
request that you will please to communicate the whole to the
Governor, to the end that he may be convinced that I never had,
nor ever will have, a wish or desire of impeding the publick
service, and I have no doubt but that both him and you will do
me the justice to say that I have used every means ever put in
my power to promote it.

As I have no copy of any of the papers now sent to you, I request
that you will please not to part with any of them unknown to me
or without my consent.

I have, (tc,

James Campbell.

[Enclosure No. 5.]

Marine Officers to Governor Phillip.

Sir, Port Jackson, 28th April, 1789. Apni.

Agreeable to the general and battalion orders of this
morning, we the following officers, 1st Lieut. John Poulden, 1st The court of
Lieut. John Johnstone, and 1st Lieut. James Maitld. 8hairp, >ni""T-
met in Captain Campbell's hut at eleven o'clock, and after read-
ing the letters produced in court, came to the following resolutions,
viz. : — The officei's commanding [constituting] the court, uprtn hav-
ing read and considered the letters which passed in the business
now before them, are of opinion that as the business involves in
itself a point of law and a pi-ivate disagreement, they feel them-
selves incompetent to decide upon it — and they further l)eg of your No decision.
Excellency that copies of all the letters which have passed may be
given to them (in case of their being at any time hereafter called
upo'i) for the purpose of being inclosed and sent to the Lords of the

244

HISTOEICAL RECORDS OF NEW SOUTH WALES.

1769

Ackaii'alty, which they thiiik necessary in order to con%'ince their
Lordships of theii- incompetency to decide on an affaii" of such a
nature. AVe have, &c.,

John Poulden.

6 Mav.

Officers as
members of
criminal
court.

Answers
to Ross's
questions.

Tench.

G. Johnston.

CresweD.

Furzer.

Poulden.

J. .Johnstone

John
J. M.

Johnstone.

Shairp.

Sir,

head-quai*tei-s : —
inal court as a
with an Act of

[Enclosure Xo. 6.]
Major Ross to Governor Phillip.

Marine Quarters, May 6th, 1789.
In compliance with your Excellency's command of tliis
day's date, signihed to me by the adjutant, I convened the
oflicei'S of the detachment, and put the questions directed by
your Excellency, and receiAed their answers, as follows, viz. : —
" The Governor requests that Major Ross will assemble the officeis
of the detachment now at head-quarters, and report to him
their separate opinions, ' whether or not they think it their
duty to sit as members of the criminal court estabhshed m this
country.' This the Governor desires, as Major Ross, their com-
mandant, is of opinion they do not thixLk it a part of their duty.
Captain Campbell having already given his opinion, the GoA'ernor
does not wish to press him further on that head. '

Major Ross's question to the officers of the detachment at
-" "\i\'hether they look upon sitting at the crim-
military duty, or an exti'a duty in compKance
Parliament, and whether they had any know-
ledge of it before theii' arrival in this country V

Answer by Captain-Lieut. Tench : — I had no knowledge of the
Act of Parliament pre\"ious to my arrival in this country ; from
the moment I read it I look'd on it as Captain Tench's duty to sit
on ci'iminal courts whenever ordered, and still look on it as such.

Answer by Captain-Lieut. Johnston : — Smce I saw the Act of
Parliament I have always thought it my duty to sit on criminal
courts when ordered.

Answer by Lieutenant Creswell : — I had never seen the Act
of Pai'hament in England, but from the time I saw it I conceived
it to be a paii; of my duty to sit on ciiminal courts when ordered,
and not an extra duty, while I remain in this country.

Answer by Lieutenant and Quarter-master Furzer : — I knew
nothing of the Act of Parliament before I came to this country,
but since I had a knowledge of it I always conceived it to be a
part of my duty to sit on criminal courts when ordered.

Answer by Lieutenant Poulden : — Since I saw the Act of Par-
liament I have always thought it my duty to sit on criminal
courts when ordered.

Answer by Lieut. J. Johnstone : — I saw the Act of Parliament
before I left England, and always conceived it to be a part of my
dutv lij sit on criminal coui'ts when ordered.

THE OFFICERS AND 'J'lIE COURTS. 245

Answer by Lieut. J. M. Shaii-p : — I saw the Act of Parliament 1789
before I left England, and always conceived it to be a part of my 6 May.
duty to sit on criminal courts when ordered, during the time of shairp"
my remaining in this country.

Answer by Lieut. Da^•ey : — I had not any knowledge of the Davey.
Act of Parliament until I came into this country, Ijut since that
time I have ever conceived it to be a part of my duty to sit on
criminal courts when ordered.

Answer by Lieut. Clarke : — I had not any knowledge of the Clarke.
Act of Parliament until I came into this country, but from the
inoment I read it I considered it as a part of my duty to sit on
ci'iminal courts when ordered, while I remain in this countrv.

An.swer by Lieut. Dawes : — I knew nothing of the Act of Par- Dawes.
1 lament till I heard it read in this countiy, and from that time I
considered it my duty to sit on criminal courts when ordered.

Answer by Lieut, and Adjutant Long : — I knew nothing of the Long.
Act of Parliament when I left England, but since I heard it read
in this country have considered it as a part of my duty to sit on
criminal courts when ordered.

Answer by Lieutenant Faddy : — I knew nothing of the Act of Faddy.
Parliament till I heard it read in this countiy ; since that time I
have always thought it my duty to sit on criminal courts when
ordered. " R.R., Major.

[Enclosure Xo. 7.]
Ckimixal Court. — Questions to Officers.

Sydney Cove, 28th May, 1789. 28 May.

It having been reported that the major-commandant of the detach-
ment did, in the presence of many of the officers, declare that the
Governor's calling on Captain James Campbell to sit as a member
of the criminal court, established by Act of Parliament for the
trial of criminal causes in this country, was oppressive, and that An oppres-
the said major-commandant did publiekly address the officers then Major*Ross^
present in order to induce them to concur with Captain Campbell aciion.
in refusing to acknowledge the duty of the criminal court to be
any part of the officers' duty, and to persuade them to refuse sit-
ting as membei's of the said criminal court, I am, in consequence
of the said report, desired by the Governor to call upon such
officers of the detachment who were present at that meeting, and
to put the following questions to them, in order that it may be
known how far the said report is founded in truth.

Question 1 : — Was there such a meeting, and what reason was Questions
assigned by the major-commandant of the detachment for assemb- ^° oncers,
ling the officers ?

Question 2 : — Did the major-commandant at that meeting say
that the Governor's conduct in calling on Capt. Campbell to sit in
his turn as a member of the criminal court was oppressive ?

246

HISTOUICAL RECORDS OF NEAV SOUTH WALES.

1789

23 May.

Answers ;
Tench.

Creswell.

Johnston.

Question 3 : — Did he ask the officers to join Capt. Campbell in
refusing to sit as a member of that court, or what was said on
that subject 1

Answer to question 1, by Captain-Lt. Tench : — The meeting
was held on Monday, the 27th of April, by order of the major-
commandant. The reason he assigned for such meeting was to
repeat a conversation he had had with the Governor, to lay before
them a letter he had received on service from Capt. Campbell in
consequence of a correspondence he had had with the Judge-
Advocate, and to read the letters Avhich had j^assed between them,
all of which were read to the officers by the adjutant.

Answer to question 2 : — To the best of my recollection the
major-commandant said he had told the Governor that his con-
duct respecting Capt. Campbell was oppressive, and that officei's
were not to be driven in cases where they did not feel themselves
at ease to act, they were not to be compelled. I recollect that
the major made use twice of the word "oppressive" in speaking
of the Governor's conduct.

Answer to question 3 : — He did not ask the officers to join
Capt. Campbell in refusing to sit as members of the criminal
court, but it is my opinion that the whole tenor of Major Ross's
conversation pointed that way. My reason for thinking so is
that Major Ross more than once mentioned to the officers
assembled that he had told the Governor that both he and the
officers at large considered the sitting as members of the criminal
courts as ■\^'hat they volunteered, not as a duty.

AVatkin Tench,

Captain-Lt. of Marines.

Answer to question 1, by Lieut. Creswell : — There was such a
meeting, and the reason assigned was to read the letters that had
passed between the Judge- Advocate and Capt. Campbell, and to
mention a conversation he had had with the Governor, and to
say that the adjutant had a question to put to the officers who
composed the last criminal court.

Answer to question 2 : — I cannot say that the major-comman-
dant said that the Governor's conduct was oppressive in calling
on CsLTpt. Campbell, but I vinderstood him that he had told the
Governor so, and that officers were not to be driven, or words to
that effect.

Answer to question 3 : — He did not ask such a question ; but

as far as opinion goes, the tenor of his conversation seemed to

lead towards getting officers to be of Captain Campbell's opinion.

But this is merely opinion. x r^

•^ ^ John Creswell.

Answer to question 1, by Capt.-Lt. Johnston : — There was such
a meeting. The reason assigned was to lay before them the cor-
I'espondence between the Judge-Advocate and Captain Campbell.

THE OFFICERS AND THE COURTS. 247

Answer to question 2 : — The officers in speuking alxjut the duty 1739
of the criminal court, one of them said it was, though an un- 23 May.
pleasai\t duty, yet certainly a part of their duty ; Major Ross
replied it was an oppressive duty.

Answer to question 3 : — I do not recollect that the major asked
the officers to join in refusing with Captain Campbell to sit as
members of the criminal court, but recollect his saying that officers
were not to be driven, and believe he wished them to concur with
Capt. Campbell's refusal. ^^^^^^ Johnston.

Answer to question 1, by Lieut. Poulden : — There was such a Poulden.
jneeting, and the reason assigned was to lay before it the letters
from the Judge- Advocate and Captain Campbell.

Answer to question 2 : — I do not recollect that the word
"oppressive" was applied particularly to Capt. Camjobell being
ordered to sit at that court, but that it was meant, generally
speaking, of that duty.

Answer to question 3 : — I do not recollect that the major asked
the officers to concur with Captain Campbell in refusing to sit at

^^'""^ '^•^^^•^- John Poulden.

QuestioiT to Lt. Long, adjutant of the detachment : — Did you Long-,
assemble the officers of the detachment by direction of the major-
commandant on Monday, the 27 th of April 1

Answer : — I did.

Question : — Was anything said at that meeting by the major-
commandant that, in your opinion, tended to induce the officers
present to decline sitting in future as members of the criminal
court ?

Answer : — Major Ross, when speaking of the duty, and on
being reminded that there was an Act of Parliament for it, said
that he not only thought it hard that officei's should be obliged to
sit as members of the criminal court, but oppressive in the highest
degree. John Long,

Lieut, and Adjt. Marines.

Taken and subscribed before me, — David Collins.

Sir Joseph Banks to The Rt. Hon. "VV. W. Grenville.*
Dear Sir, Soho Square, June 7, 1789. 7juuc.

In consequence of conversations held with yourself and
other gentlemen in various departments of Government, in which
it seemed fully agreed that it would be proper to send to the colony
in New South Wales such trees and plants as are usefull in food or
physic, and cannot conveniently be propagated by seed in potts of pfants'^for

the colony.
* William Wyndhain Grenville (afterwards Lord Gren^ ille). He succeeded Lord Sydney
at the Home Office, f^lh June, 17W). He was raiwed to the Peerage, 25th Noveiidter, ITiK).
The letter from Sir Josejih Banks is not official, but it was laid before the King and the
Lords of the Admiralty, and was acted upon.

248

HISTORICAL EECORDS OF NEW SOUTH WALES.

1789
23 May.

A crowded
ship.

A plant-
" coach.'

The
plant-coach.

Alterations
may be
made.

earth, I visited the Guardian, now under order.s for New South
Wales, on Friday last, in order to consider of the most commodious
method of carrying that project into execution.

I found that her cabbin had been divided into births for the
various officers, and that the part left for the commander was not
large enough, even if he were to submit to great inconvenience, to
answer the pui'pose effectually, and that the rest of the ship was
equaly crowded by the variety of stores, &c., destined for her freight.

Finding myself in consequence of this reduced to the necessity
of proposing the building of an apartment for the sole purpose of
carrying the plants and the person allotted to take care of them, I
proceeded to the quarter-deck abaft, and with the assistance of the
builder of the yard and the master of the ship I caused the form
of a small coach to be chalked out upon the deck in such a
manner as they both agreed would not be at all in the way of
working the ship.

It is li^ feet long, 12| broad forward, and 11 1 aft, and i.s in-
tended to be only 5 feet high, in which case it is concluded both
by the builder and the master that it will not in any degree impede
the sailing of the ship.

The master builder informs me that in seven or eight days such a
coach may be compleated. I explained to him the mode in which
I proposed to have the pots and the superintendant who is to
have the charge of them stowed in it, the practicability of which
met with his full assent.

If it is intended that such an erection should be made I will
most willingly attend at Woolwich and finish the planning of it.

Not having heard anything from the lieut. -commander on the
subject, I wrote to him a full account of the plan, and left the
letter for him at Woolwich. I conclude he has no objection,
but if he has I shall willingly alter it as far as I possiby can, con-
sistent with the main object, till it meets with his approbation.

Yours, cfec,
Jos. Banks.

June.

Trees and

plants for

Port

Jackson.

The Right Hon. W. W. Grexville to The Lords of The

Admiralty.
My Lords, Whitehall, 8th June, 1789.

Having laid before the King a letter from Sir Jos'h Banks,
proposing that a small coach may be erected on the quarter-deck
of the Guardian, for the purpose of conveying to Port Jackson,
in pots of earth, such trees and plants as will be useful in food or
2:)hysic, and cannot conveniently be propagated by seed, and foi"
bringing from thence any useful productions, I have the honor
of transmitting to your LordshijDS a copy of the said letter, and
I am commanded to signify to your Lordships his Majesty's
pleasure that in case any material objection should not be likely

SIR JOSEPH BANTvS' PLANT-CABIX. 249

to arise from the placing of such an appartment as Sir Joseph has 1''89
suggested, that you do give orders that it may be immediately s June,
erected, and that the commanding officer may be instructed to
deposit therein any such trees or plants as may be sent on board,
either here or in New South Wales, for the purposes before
mentioned.

Amongst the superintendents of convicts who are to be sent out Gardeners
in the Guardian there will be one or two gardeners, to whom the ^^^,^^1
charge of the trees and plants should be committed ; and as these
people are not to i^eturn in the ship, it will be very desirable that
the commander should be authorized to appoint one of the crew
to assist them in that business, who will thereby be the better
quaUfied for attending to the care of the trees and plants Avhich
it is expected will be sent home from New South Wales in that ship.

I am, itc,
W. W. Grenville.

Sir George Yonge to Major Grose.
Sir, W.O., 8th June, 1789.

I have the honor to acquaint you the King has been n.s.w.
pleased to oi'der that a corps shall be forthwith raised iinder your Corps,
command for H.M.'s sei-vice abroad, with the particular* view of
beins stationed in the settlement of New South Wales. The
corps is to consist of four companies, and each company of 1
captain, 1 lieutenant, 1 ensign, 3 Serjeants, 3 corporals, 2 drum-
mers, mth 67 private men. It is to be under your command Grose to
as major, with the command of a company, and to have 1 '^°"^'^^''"
adjutant, 1 qr.-mr., 1 chaplain, 1 surgeon, and 1 surgeon's mate.
The pay of the officers is to commence from the dates of their
commissions, which will take date from the Beating Order, but
are not to be Lssued until the corps shall have been reviewed and
established, and the pay of the non-commissioned officers and
private men from the dates of their respective attestations. It is
to be clearly understood that none of the officers who shall
obtain appointments in your corps are to expect leave to dispose
of their present commissions, but they will be considered as Commis-
purchasers in the new corps. In case the corps shall be reduced ^'°"^'
after it has been once established the officers will be entitled to
half-pay. Yourself and the three captains now to- be appointed Half-pay.
by H. M. will each be required to raise a complete company
(viz., 3 Serjeants, 3 corporals, 2 druiumers, and 67 private men),
in aid of the expenses of which you will be allowed to name the
lieutenant and ensign of your respective companies, and to receive
from the pulilic three guineas for every recruit approved at the Recmiiing-
head-quarters of the coi-jis by a general or field officer appointed "'""'^J-
for that purpose. The lieutenants are to be selected from the
rank of ensigns ; the ensigns not to he under sixteen years of

250 HISTORICAL RECORDS OF NEW SOUTH WALES.

1789 age ; no recruit to be enlisted under five feet four inches and

8 June, a half in height, nor under sixteen nor above thirty years of age.

staturT The names of the captains shall be communicated to you with

and age. as little delay as possible. Iia the meantime, I am to acquaint

you that H.M. is pleased to leave to you the nomination of the

Officeraand adjutant and quar.-mar., as also of the chaplain, who must

chaplain positively engage to embark with the corps, and to remain with it

while abroad, and of whose character I shall expect to be furnished

with proper certificates before I propose his appointment to his

Majesty. Mr. Adair, Surgeon-general to the Army, will be

directed to look out for pi-oper persons for the appointment of

surgeon and surgeon's mate. I am to add that it being required

Immediate that the corps shall be instantly raised and approved, after being

ac ion. reviewed by the 1st of October next, every exertion on your

part and of that of the ofticers of your corps will be necessary

that H. M.'s expectations on this head may not be disappointed.

I am, &c.,
■ Geo. Yoxge.

Proposals to Government by Major Grose.
Grose's offer. gnouLD I be promoted to the rank of It. -colonel, I will, without
expence to Government, raise both tlie companies, reserving to
myself the nomination of the captain and subaltemi officers,
should it be thought expedient to add only a major to the corps
without permitting me to succeed to any additional rank, I will
raise the companies on conditions of receiving the levy money,
nominating the captain and subaltern oflicers, and receiving from
the captain appointed to a majority five hundred pounds.

I shall have no objection to raise the recruits on Government's
account, charging exactly whatever it costs to procure them, and
I will exert my utmost to recruit them at as little expence as
possible, and with as much expedition as is in my power.

Frans. Grose,

Annual Charge of an independent company of foot for three hundred and

sixty-five days:— ^ .^ ^

1 captain 180 9 7

2 lieutenants (each, £79 19s. 4d.) 159 18 8

1 ensign 62 16 7i

4 Serjeants (each, £18 OS.) 73 0 0

4 corporals (each, £12 3s. 4cl.) 48 13 4

2 drummers (each, £12 3s. 4cl.) 24 6 8

86 private men (each, £9 2s. 6cl.) 784 15 0

100

Pav

. 1,333 19 lOi

Clothing

. 275 13 lOJ

Agency

23 19 7

Allowance to the captain .

56 10 0

*

Total £1,690 3 4

THE NEW SOUTH AVALES CORPS. 251

Sir George Yonge to The Paymaster-General. 1789

Sir, W.O., June 10th, 1789. ^^^''^

Tlie Kinc: liavin<f thouulit fit to oi'dei- a corps of foot to be N- ^- ^^-

■— ' c5 o J. ^ corps.

fortliwitli raised for service in New South Wales, to consist of

four companies, each of one captain, one lieutenant, one ensign,

three sergeants, three corporals, two drummers, and sixty seven

private men, witli the usual staff officers, and to be commanded

by Major Francis Grose, having a company, I have the honor to

acquaint you therewith, and to enclose a state of the subsistence

of the said corps, and am to signify to you his Majesty's pleasure corps

that the same shall commence and take place on the establish- established.

ment from the 5th instant inclusive. I have, &c.,

Geo. Yonge.

[Enclosure.]
State of subsistence [per day] of a corps of foot for service in Subsistence.

New South Wales : —

1 major commandant and captain

3 captains more, each 7s. Gd.

4 lieutenants „ 3s. Gd.
4 ensigns „ 3s.
1 chaplain ...
1 adjutant ...
1 quartermaster ...
1 surgeon ...
1 surgeon's mate ...

12 Serjeants, each Is.

12 corporals „ 8d.

8 drummers ,, 8d.

2G8 privates ,, Gd.

agent

[A fresh list, dated .Tidv 4tla, orders 14 instead of 12 Serjeants — making
the total charge £12 Os. icid.]

£

S.

d.

0

11

6

1

2

6

0

14

0

0

12

0

0

5

0

0

3

0

0

3

G

0

3

0

0

3

0

0

12

0

0

8

0

0

5

4

6

14

0

0

2

0

11

18

10

Sir George Yoxge to Major Grose.
Sir, W.O., 20 June, 1789. 20^.e

In answer to your letter of the 19th instant, I am to acquaint No allow
you that during the late war no charge was allowed to be made rejected
for the subsistence of recruits rejected at the final inspection of any recruits.
new corps by a general officer, altho' such recruits might have been
previously examined and approved at head-quarters ; nor has it
been usual for an intermediate inspection to be made vmder the
orders of this officer, where the levy has been undertaken at the
risque of the officers who were to have commissions therein.

I have, <fec.,

Geo. Yonge.

9^0

HISTOmCAL RECORDS OF NEW SOUTH WALES.

1789

10 June.

First
despatch
from
Endand.

The Lady

Juliaiia.

Phillip's
act' on
commended.

Improve-
ment of
morals.

The
Guardian.

One

thousand
more con-
victs to be
sent.

Port Jackson
approved of.

The Right Hon. W. W. Grenville to Governor Phillip.*

Sir, Whitehall, 20th June, 1789.

The ship Lady Juliana having been taken up for the pur
pose of conveying to Port Jackson about 240 female convicts,
sentenced to be transported, I avail myself of that opportunity
of acknowledging the receipt of your dispatches numbered from
1 to 7 inclusive, with numbers 9, 10, and 11, and of acquainting
you at the same time that his Majesty is graciously pleased to
approve of your conduct in the execution of the arduous and
important service which has been committed to your care.

The service of the unfortunate women on board the Lady
Juliana will, upon their landing at Port Jackson, be transferred
to you, and you will cause them to be employed in such manner
as may be most conducive to the advantage of the settlement. The
attention paid by you to the proceedings of those who accom-
panied you thither, with the view to preventing an indiscriminate
intercourse with the convicts of a different sex, is extremely com-
mendable, and leads his Majesty to entertain a well-grounded
hope that the same watchful care will be taken on your part on
the present occasion, and that you will continue the exertions
you have hitherto so successfully made for the promotion of
matrimonial connexion between the unmarried people — a measure
which must tend to the improvement of their morals, and is
indispensibly necessary for securing the general peace and happi-
ness of the settlement.

You will see by the enclosed invoice and bill of lading the
several tools and implements, articles of clothing, provisions, &c.,
which have been put on board the Lady Juliana. That ship will
be followed in about a fortnight by his Majesty's ship the
Guardian. By the last-mentioned ship you will receive a farther
supply, equal to about three times the quantity embarked on
board the former, which, excepting in the article of provisions,
you will find nearly to correspond with the estimates accompanying
your letters upon that subject, and as these stores and jiro visions
have been procur